10 January 2022, Monday

2 years ago

An arbitration clause envisaging specific enforcement via court and settlement of other disputes via arbitration is enforceable: Delhi High Court

by Editor

24 December 2021 | M/s Tarun Aggarwal Projects LLP and another v. M/s Emaar MGF Land Ltd. | Arb P. No. 637 of 2021 | Delhi High Court | Suresh Kumar Kait J

Considering an application under Section 11 ACA, the Delhi High Court has enforced a clause in a development agreement that gave the parties a dual remedy. It enabled the parties to seek specific performance through the “appropriate court of law” and provided that, save and except the specific enforcement clause, all or any dispute shall be settled under the ACA.

In the court’s view, “a party does have a right to seek enforcement of agreement before the Court of law, but it does not bar settlement of disputes through [arbitration].”

Read the decision here.

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