Constitution of India
India
Constitution of India
CONTITUENTASSEMBLY 00 of 1950
Published in Gazette 00
full and final discharge voucher to the insurer, can be referred to
arbitration.
The brief facts :
2
2. The respondent (Insured) obtained a standard Fire ... made within 15 days, the notice should be treated
as notice invoking arbitration. The appellant by its reply dated
2.8.2006, rejected the said demand
some cases, frustrate the very reason for going for
an arbitration.
2. This appeal is filed against the final order and judgment dated
27.04.2007, passed ... Judicature at Madras, questioning the award under Section 34 of
the Arbitration and Conciliation Act, 1996 (hereinafter “ Arbitration
Act ”), by the respondent. The learned Single
interesting question as to the
interpretation of Section 12(5) of the Arbitration and Conciliation Act,
1996 [“Act”].
3. The appellant, Bharat Broadband Network ... General
(Commercial) Conditions of Contract [“GCC”] provides for arbitration.
The said clause reads as under:
“III.20 ARBITRATION
III.20.1 In the event
with respect to the application of
the doctrine of separability of an arbitration agreement from the underlying
substantive contract in which it is embedded; whether ... arbitration
agreement would be non-existent in law, invalid or un-enforceable, if the
underlying contract was not stamped as per the relevant Stamp
CITATION:
1959 AIR 1362 1960 SCR (1) 493
ACT:
Contract--Arbitration clause-Cancellation of contract-
Settlement of disputes by mutual agreement-Arbitration
clause, if survives ... supply of diverse
military stores, each of which contracts contained an
arbitration clause. Before the contracts had been fully
executed disputes arose between the parties
determined in this
appeal by special leave is : does the arbitration agreement
survive for the purpose of resolution of disputes arising under
or in connection ... before
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the trial court under Section 8 of the Arbitration and Conciliation
Act, 1996 (for short , `Act, 1996') read with Section
transferable specific delivery contracts Validity of the
contract--Clause providing for arbitration-clause, if valid
even if contract were invalid-Parties appearing before
arbitrator--Estoppel ... arising
out of or concerning the contract should be referred to the
arbitration of the Bengal Chamber of Commerce. As the
respondents failed to deliver
present petition has been filed under Sections 14 and 15 of
the Arbitration and Conciliation Act, 1996 (Act) seeking a declaration
that the mandate ... provides for resolution of the disputes between the parties
by way of arbitration.
3. Certain disputes arose between the petitioner and the respondent
CURCC 218
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO. 34 OF 2013
Swiss Timing Limited
…Petitioner
Versus
Organising Committee ... petition under Section 11(4) read with
Section 11(6) of the Arbitration and Conciliation Act, 1996
(hereinafter referred to as “the Arbitration Act ”), with
