reference as is mentioned in the section. It is urged that the section presupposes the existence of a submission or reference to arbitration, and that ... award is open to the objections referred to in Section 526, but also that the alleged reference to arbitration never took place. Section
consensus
before a reference to arbitration, is not an arbitration
agreement, but an agreement to enter into an arbitration
agreement in future.
9. Para ... disputes can be referred to arbitration. The main attribute of an
arbitration agreement, namely, consensus ad idem to refer the
disputes to arbitration is missing
reference under Section 21 of the Act; that under Section 21 all the parties interested in the specific dispute referred to arbitration must agree ... reference is made. These are that all the interested parties must agree to obtain a reference and the subject-matter of arbitration must
support of this contention, Mr. Guha has referred to the earlier decisions in regard to references to arbitration at the appellate stage, and has maintained ... order of reference.
In dealing with the matter Couch C. J. after referring to the different sections relating to references to arbitration observed:
I have
Arbitration Act would indicate that when the parties have entered into an arbitration agreement, it is mandatory for a judicial forum to refer the disputes ... there is an arbitration agreement, if there are allegations independent of the arbitration agreement, then, they cannot be referred to arbitration.
3. Gauri Spinning Mills
refer parties to arbitration but in one case domestic arbitration and in the other case international arbitration. Unlike Section 8 which provides that the application ... reference. If the conditions expressly stated as also those necessarily implicit in S.8 are satisfied a reference must be made. Reference to arbitration cannot
matters of the first reference, the second
reference and the third reference consisted only of
such disputes which were referred by the Chief
Engineer ... Minutes Order
kvm
22/35
ARBAP244.12
arbitration proceedings under same arbitration
agreement, successive references of various
disputes arising from time to time under
arbitration unless it finds that
prima facie no valid arbitration agreement exists.
CS(OS) 3281/2014 Page 6 of 20
(2) The application referred ... refer
the parties to arbitration proceedings under Section 8(1) , of the
Arbitration and Conciliation Act, 1996. The omission to refer to the
arbitration agreement
Arbitration
Act, 1940. Arbitration according to the provisions of the
Arbitration (Protocol and Convention) Act, 1937 being
recognized by the Arbitration Act, 1940 , an agreement ... that any arbitration agreement which
obliged the Company to submit itself to arbitration
according to a scheme of arbitration different from the
Arbitration
between the parties to an arbitration with the other parties as
also non-parties to the arbitration agreement, a reference to the
arbitration or even ... refer the parties to arbitration
unless it finds that prima facie no valid arbitration agreement
exists.
(2) The application referred to in sub-section
