In the first, Re Vocam Europe Ltd BCC 396, the High Court had not made a claim for unfair prejudice where a shareholders` agreement had provided that all the issues at issue were subject to arbitration. In the second, Exeter City Association Football Club Ltd v Football Conference Ltd  1 WLR 2910, the High Court had refused a suspension on the grounds that the legal rights granted to shareholders at the request to remedy it were inalienable and could not be compromised or terminated by a contract (e.g.B an arbitration agreement). Due to the existence of the arbitration clause, the General Court is not obliged to reject the procedure provided for in Articles 397 and 398 of the Companies Act. On the same basis, the High Court of Delhi, in O.P.Gupta v. Shiv General Fianance (P.) Ltd. and others have found that while the articles of association of the company provide that disputes between the partners of the company are settled by arbitration, such a clause would not oblige the court to suspend the claim whose object implies relief in the event of repression and mismanagement. The existence of an arbitration clause in the company`s articles of association is therefore not sufficient for the suspension of the proceedings provided for in Articles 397 or 398. The court clarified that with respect to boats 4-5, the agreement appears to have been supported in writing by the minutes of the october 29, 2012 meeting, at which the work for these two vessels was included in the subcontracting. (i) The arbitration agreement was included in the Redhall Standard Terms and Barrier had been sufficiently informed. In this context, the Andhra Pradesh High Court has in M/s.
Srivenkateswara Constructions and Others The Union of India stated that “in order to avoid arbitration proceedings, it is generally accepted that the parties associate this third party unnecessarily with the proceedings and the tribunal has granted the stay of such proceedings”. It has also been established that the parties to the appeal may not escape or evade arbitration proceedings by involving such a party to the dispute against whom no remedy or right is invoked. In Walter Llewellyn & Sons Ltd v Excel Brickwork Ltd3, HHJ Judge Akenhead Akenhead stated that, in order to agree on arbitration proceedings as a dispute resolution tribunal or forum, the parties must be contained in contract sub-documents demonstrating explicit or deliberate correspondence or demonstrating that arbitration was the ultimate dispute resolution process. . . .