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of <h1>Court dismisses petitioner's arbitration application, citing lack of binding agreement and jurisdiction clause.</h1> <h3>Payal Chawla Singh Versus Coca-Cola Co. and another</h3> Payal Chawla Singh Versus Coca-Cola Co. and another - TMI Issues:1. Applicability of the arbitration mechanism under the 'solutions programme' to the petitioner's case.2. Existence of a binding arbitration agreement between the petitioner and her employer.3. Jurisdiction of the court under Section 11(6) of the Arbitration and Conciliation Act, 1996.4. Whether the petitioner's claim is time-barred and if there are oblique/collateral motives involved.Analysis:Issue 1: Applicability of the arbitration mechanism under the 'solutions programme' to the petitioner's caseThe petitioner, a former employee of Coca-Cola India, invoked the arbitration mechanism under the 'solutions programme' for compensation against harassment and gender discrimination experienced during employment and post-resignation. The respondent denied the applicability of the program to the petitioner, stating it was only for U.S.-based employees of the first respondent. The petitioner argued that the program extended worldwide, supported by communication from Coca-Cola Company. The Court analyzed the provisions of the program and found the petitioner's claim unsubstantiated, emphasizing the lack of specific arbitration clauses in her employment contract and the exclusive jurisdiction clause for Bombay courts, negating the existence of an arbitration agreement.Issue 2: Existence of a binding arbitration agreement between the petitioner and her employerThe respondent contended that the employment agreement did not include an arbitration clause and that the 'solutions programme' was not applicable to non-U.S. employees of the first respondent. The respondent highlighted an amendment specifying the jurisdiction of disputes to be in Bombay. The Court determined that no binding arbitration agreement existed between the petitioner and her employer, as the arbitration provisions in the 'solutions programme' were not incorporated into the employment contract, and the jurisdiction clause further supported this finding.Issue 3: Jurisdiction of the court under Section 11(6) of the Arbitration and Conciliation Act, 1996After thorough analysis, the Court concluded that there was no basis for invoking its jurisdiction under Section 11(6) of the 1996 Act due to the absence of a binding arbitration agreement between the parties. The Court referenced previous judgments to support its decision, emphasizing the need for parties to agree to arbitration and be bound by the arbitrator's decision, which was not evident in the 'solutions programme.'Issue 4: Time-barred claim and oblique/collateral motivesAlthough raised by the parties, the Court did not delve into whether the petitioner's claim was time-barred or if there were oblique/collateral motives behind the application, as the primary issue of the lack of a binding arbitration agreement was determinative of the case.In conclusion, the Court dismissed the petitioner's application under Section 11(6) of the 1996 Act, citing the absence of a binding arbitration agreement. No costs were awarded due to the circumstances of the case.
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