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    <title>2008 (2) TMI 852 - DELHI HIGH COURT</title>
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    <description>Beneficiaries who are not signatories to a trust deed and have not independently consented to arbitration are not bound by an arbitration clause inserted in that deed. Section 7 of the Arbitration and Conciliation Act, 1996 requires an arbitration agreement based on party consent; a settlor and trustees cannot unilaterally create binding arbitration between beneficiaries through the trust instrument alone. In the absence of an independent arbitration agreement, an application for appointment of an arbitrator by such beneficiaries was held not maintainable and was dismissed.</description>
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    <pubDate>Tue, 19 Feb 2008 00:00:00 +0530</pubDate>
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      <title>2008 (2) TMI 852 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=165134</link>
      <description>Beneficiaries who are not signatories to a trust deed and have not independently consented to arbitration are not bound by an arbitration clause inserted in that deed. Section 7 of the Arbitration and Conciliation Act, 1996 requires an arbitration agreement based on party consent; a settlor and trustees cannot unilaterally create binding arbitration between beneficiaries through the trust instrument alone. In the absence of an independent arbitration agreement, an application for appointment of an arbitrator by such beneficiaries was held not maintainable and was dismissed.</description>
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      <pubDate>Tue, 19 Feb 2008 00:00:00 +0530</pubDate>
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