NON APPLICIBALITY OF SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT CAN'T BE PRESUMED IF PARTIES OPTED FOR FOREIGN-SEATED INSTITUTIONAL ARBITRATION: DELHI HIGH COURT The High Court of Delhi has held that merely because the parties have chosen a foreign-seated institutional arbitration under the UNCITRAL Law, they cannot be presumed to have entered into an agreement to exclude the applicability of Section 9 of the A& amp;C Act as provided under the proviso to Section 2(2) of the A& amp;C Act. The Bench of Justice Sanjiv Narula held that the words "an agreement to the contrary" appearing under Section 2(2) cannot be presumed or interpreted on the mere assertion of a party but the same must be clearly borne out of the agreement between the parties. Reddy & amp; Reddy has extensive experience in civil litigation, including family law matters (divorce, custody, parental rights and obligations etc.), transfer of property, successions, and other than related matters.
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