The Delhi High Court has invoked the “direct benefits” estoppel theory and the “intertwined estoppel theory” to refer a non-signatory to arbitration. While referring the builder/developer (non-signatory) of a building to arbitration in a dispute between the owner of the flat and the maintenance agency under the ‘maintenance agreement’, the court o...
both the “intertwined estoppel theory” and the “direct benefits” estoppel theory were applicable in the present case to refer the developer to arbitration. Holding that the issue as to whether the common area maintenance charges being charged by the maintenance agency are excessive or not, cannot be decided in the absence of the developer, the cou...
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