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    <title>Appeal allowed enforcing arbitration agreement formed by conduct and emails; s.45 referral proper; clause 32.2 binding</title>
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    <description>The SC allowed the appeal, set aside the Division Bench judgment and the learned Judge&#039;s order, and directed enforcement of the arbitration agreement. The Court held that an arbitration agreement was concluded by conduct and email exchanges reflected in Contract No. 061-16-12115-S, notwithstanding lack of a signature by respondent, and that respondent&#039;s acceptance and performance established binding consent including clause 32.2. Invocation under s.45 of the Arbitration and Conciliation Act, 1996 was held proper; only prima facie proof of an arbitration agreement was required at the referral stage under the Kompetenz-Kompetenz doctrine, leaving substantive disputes of validity for the arbitral tribunal.</description>
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    <pubDate>Wed, 27 Aug 2025 08:41:03 +0530</pubDate>
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      <title>Appeal allowed enforcing arbitration agreement formed by conduct and emails; s.45 referral proper; clause 32.2 binding</title>
      <link>https://www.taxtmi.com/highlights?id=91942</link>
      <description>The SC allowed the appeal, set aside the Division Bench judgment and the learned Judge&#039;s order, and directed enforcement of the arbitration agreement. The Court held that an arbitration agreement was concluded by conduct and email exchanges reflected in Contract No. 061-16-12115-S, notwithstanding lack of a signature by respondent, and that respondent&#039;s acceptance and performance established binding consent including clause 32.2. Invocation under s.45 of the Arbitration and Conciliation Act, 1996 was held proper; only prima facie proof of an arbitration agreement was required at the referral stage under the Kompetenz-Kompetenz doctrine, leaving substantive disputes of validity for the arbitral tribunal.</description>
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      <pubDate>Wed, 27 Aug 2025 08:41:03 +0530</pubDate>
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