SHINHAN BANK versus CAROL INFO SERVICES LIMITED

SHINHAN BANK versus CAROL INFO SERVICES LIMITED

Clause (1) of the Amenities agreement made its terms an integral part of the Leave and Licence agreement; consequently the arbitration clause in Clause 17 of the Amenities agreement applied to the Leave and Licence agreement under Section 7(5) of the Arbitration and Conciliation Act, 1996, and therefore a reference to arbitration was ordered rather than relegation to Section 8 remedies.

Parties
Petitioner: Shinhan Bank; Respondent: Carol Info Services Limited
Jurisdiction
India
Judgment Date
13 March 2023
Procedural Posture
Arbitration Petition Under Section 11(6) Read With Section 11(12)(a) of the Arbitration and Conciliation Act, 1996 / Disposal by the Supreme Court (arbitration Petition Disposed Of)
Outcome
Arbitration petition disposed of; reference to arbitration ordered
Legal Topics
Incorporation by Reference, Section 7(5) of the Arbitration and Conciliation Act, 1996, Section 8 of the Arbitration and Conciliation Act, Appointment/substitution of Arbitrator, Reference to Arbitration
Arbitration Contract Civil Procedure Incorporation by Reference Section 7(5) of the Arbitration and Conciliation Act, 1996 Section 8 of the Arbitration and Conciliation Act, 1996 Appointment/substitution of Arbitrator Reference to Arbitration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Shinhan Bank

Petitioner

Carol Info Services Limited

Respondent

Procedural Posture

Arbitration Petition Under Section 11(6) Read With Section 11(12)(a) of the Arbitration and Conciliation Act, 1996 / Disposal by the Supreme Court (arbitration Petition Disposed Of)

Legal Issues

  1. 1 Whether an arbitration agreement exists between the parties as part of the Leave and Licence agreement
  2. 2 Whether the arbitration clause in the Amenities agreement is incorporated into the Leave and Licence agreement by virtue of clause (1) of the Amenities agreement
  3. 3 Whether the petitioner should be relegated to pursuing remedy under Section 8 instead of an immediate reference under Section 11

Ratio Decidendi

Clause (1) of the Amenities agreement made its terms an integral part of the Leave and Licence agreement; consequently the arbitration clause in Clause 17 of the Amenities agreement applied to the Leave and Licence agreement under Section 7(5) of the Arbitration and Conciliation Act, 1996, and therefore a reference to arbitration was ordered rather than relegation to Section 8 remedies.

Court Disposition

Arbitration petition disposed of; reference to arbitration ordered

Orders

  • The disputes and differences between the parties are referred to arbitration before Dr (Mrs) Shalini Phansalkar-Joshi, former Judge of the High Court of Judicature at Bombay
  • The Arbitrator shall decide upon the fees in consultation with the parties and determine the modalities of arbitration