case, independent of the arbitration was
maintainable and just because there was an arbitration clause and plaintiff
commenced arbitration, in London, does not mean plaintiff ... NMCDL-1392-2018.doc
arbitration through a method not permitted by the Arbitration Act, 1996 .
The Admiralty Act, 2017 omitted Section
Arbitration Award to be made in pending or future
proceedings, the issue is really one of the law governing
arbitration. Admiralty law comes only ... earlier
statutory arbitration regime, stay was discretionary in domestic
arbitration and mandatory in foreign arbitration (subject to the
validity of the arbitration agreement). The position
Arbitration Award to be made in pending or future
proceedings, the issue is really one of the law governing
arbitration. Admiralty law comes only ... earlier
statutory arbitration regime, stay was discretionary in domestic
arbitration and mandatory in foreign arbitration (subject to the
validity of the arbitration agreement). The position
arbitration in terms of the arbitration clause contained in the charter party. The defendants also sought the dismissal of the admiralty suit ... arbitration in accordance with an arbitration agreement between them, with security for the payment of any award which the plaintiff may obtain in the arbitration
charter party contains an arbitration clause. The plaintiffs invoked the arbitration clause on 1st March 2001 and the arbitration proceedings are pending in London ... referred to arbitration. The arbitration commenced. The defendants had not given security for any award the plaintiffs might obtain in the arbitration. The defendants were
Court is entitled to invoke and
exercise its admiralty jurisdiction under the Admiralty
Court Act (s) of 1840 and 1861 read with the Merchant Sipping ... provides for reference of dispute to
Arbitration under the Rules of LCIA with place of
Arbitration being London
Clause 12 contract to be governed
observed and held even though the parties have resorted to the
Arbitration Clause, Admiralty jurisdiction of this Court is not oust
and the claim raised ... para 94(i) that though
the parties have resorted to arbitration clause the admiralty
jurisdiction of this Court is not oust and that the claim
Arbitration
Act to relegate plaintiff and parties to arbitration and in that case
considering arbitration clause Court may refer parties to arbitration
and in such ... either plaintiff
is relegated to go for arbitration and /or plaintiff invokes
arbitration, Court in its admiralty jurisdiction can pass an order of
arrest
maritime claim. Just as a party who agrees to
arbitration with the seat of arbitration outside India
(after 2015 amendment) can apply for interim
measures ... amount in
dispute in the arbitration even in the arbitration. Just
because the party cannot maintain an admiralty
action in rem under Section
admiralty suit. To bolster up the submission that the
admiralty action in rem in aid of security for Indian arbitration
proceeding is not permissible ... foreign arbitration.
72. The submission that once there is an arbitration
Vishal Parekar 24/48
ial-17189-2021.doc
agreement and arbitration has been invoked
