AIROnline 2024 SC 621

Supreme Court Of India

Hon'ble Judge(s): Dhananjaya Y. Chandrachud, J. B. Pardiwala, Manoj Misra , JJJ

Arbitration and Conciliation Act (26 of 1996) , S.11(6a), S.7, S.2(1)(h)— Arbitration - Non-signatory to agreement - Whether can be referred to arbitration - Issue as to who is a "party" to an arbitration agreement is primarily an issue of consent - Actions or conduct can be an indicator of consent of a party to be bound by arbitration agreement - Clauses of Family Arrangement Agreement prima facie indicated that non-signatory party may be connected to it and forms part of settlement contemplated therein - However, detailed examination of numerous disputed questions of fact was required in deciding whether non-signatory party participated in negotiation and performance of underlying contract and could be bound by arbitration agreement - It would be appropriate for arbitral tribunal to decide said questions after taking into consideration evidence adduced by parties - Arbitrator was appointed. AIROnline 2023 SC 1219-Relied onAIR 2017 SC 5070- Relied OnAIR 2009 SC 170- OverruledAIR 2006 SC 450- Overruled (Para 65 66 68 71 72 77 78 79 80 83) .....