https://www.taxtmi.com/caselaws?id=458637 An arbitration clause in an assigned contract may also pass to the assignee where the contract is transferable and the counterparty's conduct shows acceptance of the assignee in the original party's shoes. The court found that performance, payments, correspondence, and extension of the bank guarantee all reflected such acceptance, and there was no term requiring a fresh arbitration agreement after assignment. The tribunal's view that no arbitration agreement existed because the petitioner was not an original signatory was legally erroneous. The jurisdictional objection was therefore unsustainable, the dismissal was set aside, and the arbitral proceedings were directed to continue. en-us Wed, 20 Jul 2016 00:00:00 +0530 Mon, 11 Nov 2024 18:57:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458637 An arbitration clause in an assigned contract may also pass to the assignee where the contract is transferable and the counterparty's conduct shows acceptance of the assignee in the original party's shoes. The court found that performance, payments, correspondence, and extension of the bank guarantee all reflected such acceptance, and there was no term requiring a fresh arbitration agreement after assignment. The tribunal's view that no arbitration agreement existed because the petitioner was not an original signatory was legally erroneous. The jurisdictional objection was therefore unsustainable, the dismissal was set aside, and the arbitral proceedings were directed to continue. Case-Laws Indian Laws Wed, 20 Jul 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458637