referred to arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 as amended from time to time. Such arbitration proceedings shall ... arbitration''. Further, it was held that in most arbitration clause, the words normally used are "That dispute shall be referred to arbitration
hereinafter referred to as "the 1996 Act"), seeking reference of the
disputes, forming subject matter of the suit, to arbitration.
3. This judgement ... arbitration agreement and whether the dispute can be
resolved by arbitration. Second mandate relating to common
parties exposits the inherent limitation of the arbitration
process
detailed description of an arbitration agreement on the following lines:
7. Arbitration agreement--
(1) In this Part, "arbitration agreement" means an agreement ... Court held as follows:
29. The arbitration agreement contained in the arbitration clause in a contract is often referred to as a collateral or ancillary
therefore, order that the following questions be referred to a larger Bench ;
(1) Whether a reference to arbitration by one partner alone can be legalised ... authorities having bearing on the questions referred. In favour of the propostion that reference to arbitration by one partner alone can be legalised by subsequent
months from the date of entering upon the reference.
19. The parties have been referred to arbitration. The suit is rendered infructuous and is dismissed ... refer the parties to arbitration in terms of their arbitration agreement. The agreement to submit disputes to arbitration must pertain to disputes between the parties
Section 89 of the Code of Civil Procedure provides that a reference to arbitration, whether by any order in a suit or otherwise ... arbitration has been recognised and provided for. To repeat, there may be an arbitration pending a suit or appeal; then the reference should be through
Arbitration and Conciliation Act, 1996
deals with Arbitration Agreement and the same reads as under:-
“Arbitration agreement.—(1) In this
Part, “arbitration agreement” means ... document containing an arbitration clause
constitutes an arbitration agreement if the
contract is in writing and the reference is such
as to make that arbitration
arbitration", "arbitration agreement", or "arbitration proceedings".
The court of appeal analysis various sections of the Indian Arbitration Act
and held ... object of arbitration"); to "the arbitration" as in section
3 's the seat of the arbitration; to "arbitration agreement
party to an arbitration agreement,
with other parties to the arbitration agreement as also
non-parties to the arbitration agreement, reference to
arbitration or appointment ... privy to the arbitration
agreements. Indeed, the Company has already submitted to the
arbitration of the American Arbitration Association (AAA). The
FAO(OS) 268/2011
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 ... arbitration, such
authority may make an order staying the proceedings.
35. Effect of legal proceedings on arbitration.- (1) No
reference nor award shall be rendered
