...arbitration agreement to non-signatories, or to "third parties" on the basis of one or more of the foregoing theories. These expression are inaccurate, in that they imply that an entity which is ...an arbitration agreement is nonetheless subject to that agreement's effects, by virtue of something other than the parties' consent. Contrary to the references to "extension" or "third parties", m...to be "extended" to a "third party" - because that party's actions constitute consent to the agreement, or otherwise bind it to the agreement, notwithstanding the lack of its for...

...that it is possible to pass orders under section 9 against a third party if such person is claiming under the party to the Arbitration Agreement. Thus understood, section 9 can be invoked...that such order can be only against the party to an Arbitration Agreement or at best against any person claiming under him. The Principle expounded in this decision is that if a third party has...to an arbitration agreement or arbitration proceedings, if he were to be person claiming under the party to the arbitration agreement and likely to be affected by the...

...parties who have consented to the process, either by agreeing in their contract to refer any disputes arising in the future between them to arbitration or by submitting to arbitration when a dispu...appellant;11.2. Secondly, the principle that an arbitration agreement will, under Section 7, bind only parties and not a third party in the position of the appellant, is..., cannot be deemed or construed to be an arbitration agreement in respect of another guarantor who was not a party to the arbitration agreement. Therefore, there was no ...

...of the petitioner seeking to join the proposed respondents who were third parties in the proceedings of Section 9 of the Arbitration Act, the question in principle arises that whether a third party who is ...arbitration agreement between the lender, borrower and one of the guarantors and it was held that it could not be deemed or construed to be arbitration agreement in respect of another guarantor in.... 5.8 As a stranger to the arbitration agreement has no locus standi to invoke the provisions of Section 9, since this provision whereunder a party to the ...

...situations, but certainly, they are not absolute obstructions to law/the arbitration agreement. Arbitration, thus, could be possible between a signatory to an arbitration ...parties to the arbitration agreement calling for arbitral reference should be the same as those to the action. But this general concept is subject to exceptions which are that when a third party i...to the judgments of various courts that state that arbitration could be possible between a signatory to an agreement and a third party. Of course, heavy onus lies on that party to show th...

..., cannot be deemed or construed to be an arbitration agreement in respect of another guarantor who was not a party to the arbitration agreement. Therefore, there was no ...under Sections 7(4)(a) or (b) of the Act, insofar as the appellant was concerned, though there was an arbitration agreement as defined under Section 7(4)(a) of the Act in regard to the second and third...R.V Raveendran, J.— Leave granted. These appeals involve the question whether a guarantor for a loan, who is not a party to the loan agreement containing the arbitration...

...arbitration agreement. Though under section 9 of the Arbitration and Conciliation Act, it is open to the Court to pass int...exceptional cases in the interest of justice to protect the property from being transferred or becoming vested with third party illegally.6. The Hon'ble Supreme Court in ...to the arbitration agreement or arbitration proceedings, cannot seek any...

...matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration...) of Section 8 before the court can exercise its powers are:(1) there is an arbitration agreement;(2) a party...arbitration agreement;(4) the other party moves the court for referring the parties to arbitration before it submits his first statement on the substance...

...Kerala High Court has been pleased to lay down, that interim injunction can be granted only against the party to arbitration agreement at the instance of other party to the ...of any party since it is not the intention of the Act or any arbitration proceedings as conceived by the law of arbitration, to interfere with or interpolate third party rights. The reaso...Section 2(1)(h), which states that unless the context otherwise requires ‘party’ means a party to an arbitration agreement. By Section 2(1)(b...

...section 9 of the Arbitration Act. e). This third party can file an appeal under section 37 of the Arbitration Act in the Court defined under section 2(1)(e) of the Arbitration Act. Such third ...Arbitration Act can be filed and that also only by the parties to the arbitration agreement and not a third party. In view of such minimum intervention permissible under the ...to the 46 arbitration agreement. Though in some cases such as bank guarantee furnished by a bank who is though not party ...

...which would suggest us to depart from the definitional meaning of the expression ‘party’. The expression ‘party’ is used in Section 34(2) in its definitional sense to mean a party to the ...expression ‘party’. It is held that the expression party is used in section 34(2) in its definitional sense to mean a party to the arbitration proceedings and does not include a ...section 2(1)(h) of the Act makes it amply clear that only a party to the arbitration agreement can invoke the provisions of Section 34 of the Act. A third party has no ...

...orders under section 9 against a third party if such person is claiming under the party to the Arbitration Agreement. Thus understood, section 9 can be invoked even against a third ...Act are possible:(i) Order under section 9 of the Act can be made against a person who is not party to Arbitration Agreement provided that prima facie case is made out that subject matter or...and the third party has no independent right in respect of the said subject matter. If the property in the hands of third party affects subject matter of arbitration, then also order can be made....

...Rajiv Sahai Endlaw, J.:—The question for consideration is whether, a third party, who was not a party to the arbitration agreement or the arbitration proceedings, can f...makes it amply clear that only a party to the arbitration agreement can invoke the provisions of Section 34 of the Act; a third party has no locus standi to challenge the award under Section 34 of the...only by a party to the arbitration proceedings and not by a third party. The Chief Justice A.P Shah of this Court sitting in the Division Bench of the Madras High Court in Chennai Container...

...learned Principal District Judge has dismissed the said application holding that as the proposed respondent nos. 9 and. 10 are third parties, i.e not party to the arbitration agreement/proceedings..., learned senior advocate appearing on behalf of the respondent nos. 9 and 10 herein - proposed respondents - third party, is not in a position to show any contrary judgment to the decision of the Division...Section 9 of the Arbitration Act any interim relief against the third party, who is not a party to the ...

.... 55. An order under Section 9 of the Act of 1996 can be passed against a third party, is not an absolute proposition of law in as much as if the said proposition is accepted it would mean that as interim...rights. At the same time, the Kerala High Court has plainly opined that it is possible to pass orders under Section 9 against a third party if such person is claiming under the party to the ...affect the person who is not party to the Arbitration Agreement or Arbitration proceedings does not affect the jurisdiction of the Court under Section 9 of the Act which is intended ...

...appellate bench of the High Court have taken the view that the only matter in dispute between the parties to the suit is whether the plaintiff was a party to the contract. It was definitely alleged by the plaintiff that the...an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement or any person claiming under him in respect of any matter agreed to...:(1) the proceeding must have been commenced by a party to an arbitration agreement against any other party to the agreement;(...

...P. Shroff.55. An order under section 9 of the Act of 1996 can be passed against a third party, is not an absolute proposition of law inasmuch as if the said proposition is accepted it would mean that as inte...on behalf of the appellant that remedy under section 9 cannot be pursued against a person, who is not party to an arbitration agreement or arbitration proceedings.58. The appellant...Kerala High Court has plainly opined that it is possible to pass orders under section 9 against a third party if such person is claiming under the party to the arbitration agreement....

...herein is not a party to the arbitration agreement. Opposite party No. 1 and Opposite Party No. 2 are parties to the arbitration agreement and, therefore, the a...Whether stranger to an arbitration agreement can be impleaded a party to an application under Section 9 Jammu and Kashmir Arbitration and Conciliation Act, 1997 (for short...resisted by the respondents on the ground that the petitioner not being a party to the arbitration agreement could not be added as a party to the application. It was admitted that Civil Suit regarding...

...expression ‘party’ is used in Section 34(2) in its definitional sense to mean a party to the arbitration proceedings and does not include a third person, who is not a ...definition of ‘party’ in Section 2(1)(h) of the Act makes it amply clear that only a party to the Arbitration Agreement can invoke the provisions of Section 34 of the Act. A...setting aside the order dated 09-01-2007 contending inter alia that UOI cannot seek to set aside the award as it is not a party to either the Arbitration Agreement or the proceedings before the Arbitral...

....30. We find no bar under the new Act, for an arbitration agreement providing for an employee of a Government/statutory corporation/public sector undertaking (which is a party to the contract...instrumentalities. For example, if the Director of a private company (which is a party to the arbitration agreement), is named as the arbitrator, there may be a valid and reasonable apprehension of bias in...) of the Act, the right of the other party to appoint an arbitrator in terms of the arbitration agreement stands extinguished.43. The divergent views expressed in Ace...