parties have made
an agreement referred to in Section 44 has to refer the parties to
arbitration, unless it finds that the agreement referred ... said Act. Parliament has made the Arbitration and Conciliation Act,
1996 providing domestic arbitration and international arbitration as a mode
of resolution of disputes between
Arbitration-Partition suit-Preliminary decree-Appeal to High
Court-Reference to arbitration by Trial Court-Competency
-Foreign immoveable Properties excluded by preliminary
decree-Whether reference ... reference and
the award dealt with immoveable properties in Burma and so
they were invalid. The appellants further contended that
the reference to arbitration
respect to the difference referred;
but where it decides not to supersede the
reference and the reference and the arbitration
agreement subsist and if there ... arbitration agreement for making a
further reference or for continuing the same
reference, further arbitration can take place. The
contention therefore urged on behalf
shall
be referred to arbitration under the Arbitration and
Conciliation Act, 1996 ...” This would be an
UNRESTRICTED or ABSOLUTE arbitration clause.
In such a case ... power to refer the parties to arbitration
when there is an arbitration Agreement. Similarly,
section 16 of the Arbitration Act categorically recognizes
and empowers
arbitration, the
provisions of the Arbitration Act shall then apply to the dispute as if
the arbitration was in pursuance of an arbitration agreement referred ... Arbitration Act, 1996
are then made applicable to the dispute as if the arbitration was in pursuance of
an arbitration agreement referred
anything. Existence of an
arbitration agreement means an arbitration
agreement that meets and satisfies the statutory
requirements of both the Arbitration Act and the
Contract ... contract
contains an arbitration clause for arbitration of the
disputes which have arisen between the parties —
nothing more, nothing less. Reference to decisions
in Patel
Schedule similar
provisions for arbitration. There was, however, no
definition of "submission" or "arbitration agreement". The
Arbitration Act, 1940 was meant ... arbitration proceedings had been in
India and if the provisions of the Arbitration Act of 1940,
had. been applicable, the suit and the arbitration
proceedings
question or matter is, by this Act, required to be referred to arbitration, it shall be so referred- (a) in cases where ... Where any question or matter is referred to the Authority for arbitration under this section, the Authority may, having regard to the circumstances of each
ordered to be filed, because there had been no reference or valid reference to arbitration, but they did not purport to contain a further ground ... arbitration is challenged, there is nothing upon which the jurisdiction of the Court as a Court dealing with matters of arbitration under the Arbitration
above referred arbitrators had no jurisdiction to arbitrate in respect thereof.
21. The wide language that has been used in the above referred arbitration agreement ... Respondents and the Appellants including the Hermes claim in the arbitration reference pending before them. The Supreme Court in the case of Renusagar Power
