14 - 11 - 2017


Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIII (2018)
Jurisdiction India

India No. 56. GMR Energy Limited v. Doosan Power Systems India Private Limited et al., High Court of Delhi, New Delhi, CS(COMM) 447/2017, 14 November 2017

Related topics
214 Agreement providing for arbitration in another State
215 Agreement providing for arbitration within forum's State
216 No place of arbitration designated

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general

The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

Arbitrator's competence and separability of the arbitration clause

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)