https://www.taxtmi.com/caselaws?id=197246 A unilateral arbitration clause in a trust deed does not amount to an arbitration agreement under the Arbitration and Conciliation Act, 1996 because beneficiaries are not parties to the deed in the contractual sense and there is no mutual submission to arbitration. Disputes arising from a trust deed and governed by the Indian Trusts Act, 1882 are also not arbitrable, as that Act provides a comprehensive statutory scheme and contemplates civil court adjudication; the trust deed cannot override this implied exclusion. The Court therefore held that appointment of an arbitrator was not maintainable, set aside the appointment order, and rejected the application. en-us Wed, 17 Aug 2016 00:00:00 +0530 Tue, 18 Apr 2023 14:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197246 A unilateral arbitration clause in a trust deed does not amount to an arbitration agreement under the Arbitration and Conciliation Act, 1996 because beneficiaries are not parties to the deed in the contractual sense and there is no mutual submission to arbitration. Disputes arising from a trust deed and governed by the Indian Trusts Act, 1882 are also not arbitrable, as that Act provides a comprehensive statutory scheme and contemplates civil court adjudication; the trust deed cannot override this implied exclusion. The Court therefore held that appointment of an arbitrator was not maintainable, set aside the appointment order, and rejected the application. Case-Laws Companies Law Wed, 17 Aug 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197246