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Supreme Court of India 2021-09-22 allowed

DLF Home Developers Limited vs Rajapura Homes Private Limited & Anr

Bench: 2 — N.V. Ramana, Surya Kant

In Brief

DLF Home Developers Limited sought appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996 to resolve disputes arising from two separate Construction Management Agreements (RCMA and SCMA) with Rajapura Homes Private Limited and Begur OMR Homes Private Limited. The respondents contended that the disputes fell under related Share Purchase Agreements with arbitration in Singapore, not the construction agreements with seat in New Delhi. The Supreme Court held that the disputes concerning performance of construction obligations and payment of agreed fees fall under the arbitration clause of the RCMA and SCMA, not the Share Purchase Agreements. Although both were separate agreements, the Court appointed a single sole arbitrator for both petitions, leaving consolidation to the arbitrator's discretion to avoid multiplicity of proceedings and conflicting awards.

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Arbitration Dispute Resolution Contract Interpretation Arbitrability International Commercial Arbitration Alternative Dispute Resolution Jurisdiction of Courts Kompetenz-Kompetenz Consolidation of Arbitral Proceedings

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