aspects that are
distinct and yet interconnected, namely:
(i) meaning of non-arbitrability and when the subject matter of
the dispute is not capable ... arbitral tribunal in the arbitration
proceedings would decide the question of non-arbitrability.
The second aspect also relates to the scope and ambit of
jurisdiction
with
the preamble, it appears clear that the arbitrator had
decided the arbitrability and the amount which he has award-
ed was on the points ... terms and condi-
tions of the contract including the question
of arbitrability within the meaning of clause
30 of the contract.
Both parties shall have
them?
Obviously, in such a case, the Court is to pronounce upon
arbitrability or non-arbitrability of the disputes.
In the instant case, there ... this
context, the Court carried out detailed discussion on the term
'arbitrability' by pointing out three facets thereof, viz.:
1) whether the disputes
effect (scope) of the
arbitration agreement touching the issue of the
arbitrability of the claims (it will have to be dealt with
while considering ... Arbitration Clause is
wide enough to embrace the issue of arbitrability of the
claims and secondly, the phrase in section 3 of the Foreign
Awards
objection raised by the Union of India relating to the
2
arbitrability of the claims made by the petitioner in respect of
Royalties, Cess, Service ... appellants (the claimants) on the other hand submitted
that the issue of arbitrability is governed by the law of the
seat of arbitration. The seat
That, the IOCL, in accordance with
Clause 9.0.2.0 referred the matter regarding
arbitrability of NCCL’s claims to the General
Manager on 12.07.2017.
4.9. Vide ... doctrine of
mutuality, to confer the power to unilaterally
determine arbitrability of a dispute upon one of the
parties.
(6) As per the doctrine
that are distinct and yet
interconnected, namely:
2.1. (i) Meaning of non-arbitrability and when the
subject-matter of the dispute is not capable ... Arbitral Tribunal in the arbitration proceedings would
decide the question of non-arbitrability.
2.3. The second aspect also relates to the scope
and ambit
claims were arbitrable, was not an
interim award. The entire controversy including
arbitrability of items of to 5 was at large and the umpire ... limited to the question
whether the umpire had to decide the arbitrability of items
2 to 5, the learned Judge could not go into
behalf
which accordingly was done and dispute was referred to
arbitration. Arbitrability of some of the claims was
disputed as part of no liability. Since ... respondents and requested the Arbitrators to decide on the
arbitrability of the items mentioned in the claims of the
respondents. The umpire, without going into
court is not ousted, of jurisdiction to give a fiuding upon the arbitrability of the Hermes claim of the Respondents against the Appellants ... widely worded arbitration agreement between the Respondents and Appellants, the issue of arbitrability of the claims of the Respondents against the Appellants
