The intention of the parties has to be gathered from the Agreement as a whole and from the contractual documents forming part thereof. Merely since the Arbitration Clause is not reproduced verbatim in the body of the executed Agreement does not mean that the same stands excluded, particularly when the very document containing the said Arbitration Clause has been expressly incorporated as Annexure and made an integral part of the said Agreement

IN THE HIGH COURT OF BOMBAY AT GOA.

APPLICATION FOR APPOINTMENT OF ARBITRATOR NO.10 OF 2025

(CORAM : AMIT S. JAMSANDEKAR, J.)   

Decided on: 21st October, 2026.

GUEST HOUSER HOSPITALITY PRIVATE

LIMITED REP. THR. AUTHORIZED REP.

DEEPESH S. CHODANKAR                                                 … APPLICANT

 

                                 VERSUS

 

GOA TOURISM DEVELOPMENT CORPORATION 

LIMITED THR. ITS MANAGING DIRECTOR        … RESPONDENT

 

ACT INVOLVED:

ARBITRATION AND CONCILIATION ACT, 1996 – SECTION 11 – APPOINTMENT OF A SOLE ARBITRATOR

1. The intention of the parties has to be gathered from the Agreement as a whole and from the contractual documents forming part thereof. Merely since the Arbitration Clause is not reproduced verbatim in the body of the executed Agreement does not mean that the same stands excluded, particularly when the very document containing the said Arbitration Clause has been expressly incorporated as Annexure and made an integral part of the said Agreement. (para 15)

 

1. It is well settled that the words Arbitration, Arbitrate, and/or reference to the said Act are not the criteria for determining the true nature of an Arbitration Clause, especially while deciding an application under Section 11 of the Act. (para 14).                   For Judgment Click 👇.        Guest Houser Hospitality Versus Goa Tourism Development Corporation