Section 8 of the
Arbitration and Conciliation Act the dispute
arising out of the arbitration clause had to be
22
referred to an appropriate arbitrator ... intervention in arbitration
proceedings adds significantly to the delays in the
arbitration process and ultimately negates the benefits
of arbitration”. Commission referring to amendments,
which
refer the parties to arbitration
unless it finds that prima facie no valid arbitration agreement exists.
(2) The application referred to in sub-section ... basis of an arbitration clause contained in the arbitration agreement.
However, in a case where the parties alleged that the arbitration
agreement is vitiated
hereinafter referred to as the "said Act") for referring the
disputes raised in the present suits to arbitration.
2. It is pertinent ... REASONS
The general law relating to arbitration is contained in the
Arbitration and Conciliation Act, 1996 (hereinafter referred to
as the Act). The Act , which
arbitration shall be New Delhi and the
language of Arbitration shall be English. The arbitration
proceedings shall be governed by the Arbitration and Conciliation ... absolute obstructions to law/the arbitration
agreement. Arbitration, thus, could be possible between a
signatory to an arbitration agreement and a third party. Of course
between the parties and,
inter alia, praying that the parties be referred to arbitration. The
petitioner resisted the aforesaid application claiming that there ... with respect to this amount is not
covered under the above-referred arbitration clause.
Admittedly, the defendant has also raised claims
against the plaintiff
quashed
and set aside the order dated 30.11.2010 passed in Arbitration Reference
No.16 of 2002 by the Gujarat Public Works Contracts Disputes Arbitration
Tribunal ... Arbitration Tribunal
constituted under the said Act, but same would be required to made before
the Arbitration Tribunal constituted under the provisions of Arbitration
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
Place of Arbitration. The arbitration
shall be conducted in Hyderabad, India.
(e) Language of Arbitration. The
language to be used in the arbitration shall ... 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
Commercial Court, deciding application under Section
34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as
"the Act of 1996") filed ... manufacture/supplier invoked
arbitration clause under the contract and Reference was made for
-3-
arbitration to the Sole Arbitrator under the terms of contract. Initially
deed deals with disputes between the parties and it may be
referred to arbitration and therefore, this Court has no jurisdiction and
prayed to allow ... referred to arbitration in view of the existence of an arbitration
agreement. Whether a party has waived his right to seek arbitration and
subjected himself
