Court interpreting the identical
arbitration clause which had the expression "dispute should be settled by
arbitration body for arbitration or court ... referred in clause 32 and thus the expression "court" would be
otiose if the matter is referred to the arbitration is concerned
Arbitration and
Conciliation Act, 1996 shall thus apply to the disputes as
an arbitration in pursuance of arbitration agreement
referred to in Section ... arbitration. The provisions of Arbitration Act 1996, in its entirety,
are made applicable as if the arbitration was in pursuance of the
arbitration agreement referred
arbitration. He denied existence of the IPLA to the validity of the
arbitration agreement under the IPLA and submitted that the seat of arbitration ... parties to arbitration while clarifying that
the seat of arbitration could be India but the venue would be London. A reference
was therefore made
arbitration. He denied existence of the IPLA to the validity of the
arbitration agreement under the IPLA and submitted that the seat of arbitration ... parties to arbitration while clarifying that
the seat of arbitration could be India but the venue would be London. A reference
was therefore made
arbitration. He denied existence of the IPLA to the validity of the
arbitration agreement under the IPLA and submitted that the seat of arbitration ... parties to arbitration while clarifying that
the seat of arbitration could be India but the venue would be London. A reference
was therefore made
final and
binding arbitration to be held in Pune. The Arbitration Clause
further provides that the disputes shall be referred to a Sole
Arbitrator ... other aspects as well i.e. limitation,
whether the claims were referable for arbitration, etc. in terms of
the judgments of the Supreme Court
filed before the reference. It restricted the
right to arrest and hold security during the window before parties are
referred to arbitration or the suit ... pendency of arbitration proceedings, i.e., to secure a claim in
future or pending arbitration and even after the arbitration proceedings but
before
incorporated into the contract (where such reference is
made), only by a specific reference to arbitration clause.
(iii) Where a contract between the parties provides ... arbitration agreement in the referred
contract, unless there is special reference to the arbitration
clause also.
(iv) Where the contract provides that the standard form
Partnership
Act, and only if such matter is referred to arbitration by consent of
parties only in that event the learned arbitrator can decide ... under the terms of the reference
all the disputes and differences arising between the parties have been
referred to arbitration, the arbitrator will, in general
technical and
complicated evidence ought not to have referred to the arbitration. A
reference is made to the various issues in the investigation to point ... referred to
as "the 2015 Amendment") with particular reference to Section
11(6) and the newly added Section 11(6A) of the Arbitration
