The High Court of Patna has held that no dispute can be referred to arbitration by a Court exercising powers under Article 226 of the Indian Constitution when there is no agreement between the.
The arbitrator passed an interim order on the Section 17 application against Max, which approached the High Court for the second time on July 27 to challenge the order.
The High Court of Gujarat has reiterated that the petition under Section 11 of the A&C Act for the appointment of the arbitrator by the Court would not be maintainable if the dispute is covered under.
Coinbase asserts that its user agreement requires disputes to be resolved through arbitration and that under a law called the Federal Arbitration Act, which governs dispute resolution proceedings through arbitration, action in trial courts must come to a halt when a denial of a request to compel arbitration is appealed. US Supreme Court ruled in the favour of the company to halt customer lawsuits.
In an application by Max seeking urgent relief, single-judge Justice Milind Jadhav directed the parties to instead adjudicate their issues before the arbitrator.