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    <title>2009 (1) TMI 917 - DELHI HIGH COURT</title>
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    <description>A foreign-seated arbitration reference under Part II was treated substantively as an application under Section 45 despite being filed under the wrong provision, because the pleadings satisfied the statutory requirements. The presence of additional defendants who were not parties to the arbitration agreement did not justify retaining the suit in civil court where the core dispute arose from the contract containing the arbitration clause. A carve-out preserving interim injunctive relief did not exclude confidentiality and intellectual property disputes from arbitration, as the clause remained broad enough to cover disputes arising out of or in connection with the agreement. Waiver or abandonment of arbitration was not established merely because a separate civil suit had been filed and later withdrawn.</description>
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    <pubDate>Wed, 07 Jan 2009 00:00:00 +0530</pubDate>
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      <title>2009 (1) TMI 917 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=198828</link>
      <description>A foreign-seated arbitration reference under Part II was treated substantively as an application under Section 45 despite being filed under the wrong provision, because the pleadings satisfied the statutory requirements. The presence of additional defendants who were not parties to the arbitration agreement did not justify retaining the suit in civil court where the core dispute arose from the contract containing the arbitration clause. A carve-out preserving interim injunctive relief did not exclude confidentiality and intellectual property disputes from arbitration, as the clause remained broad enough to cover disputes arising out of or in connection with the agreement. Waiver or abandonment of arbitration was not established merely because a separate civil suit had been filed and later withdrawn.</description>
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