continuance of this Agreement or
thereafter, hence the same shall be referred to
Arbitration by one Arbitrator not below the rank of
Project Manager, NBCC ... matter referred
under part 2 of clause 3 was to be final and binding.
Secondly, by asking for a reference to arbitration, the
defendant
Decree Holder itself
invoked Part II of the Act and reference to arbitration was made under
Section 45 of the Act. This round of litigation ... arbitration as agreed in
the Distributor Agreement dated 22.02.1999 and
without prejudice to the ongoing arbitration
proceedings already commenced and the terms of
reference already
present arbitration petition 34/2013 has been filed seeking
reference to arbitration of disputes between the parties in respect of an
agreement dated 19th January ... filed before the Court, the matter is
not liable to be referred to arbitration. The Respondent also relied upon an
FIR which was filed
International Arbitration Centre ('DAC'). The
fees of the learned Arbitrator will be in terms of the
Delhi International Arbitration Centre Arbitration
Proceedings (Arbitrators ... rival parties,
we are of the view, that the dispute referred to
arbitration, in paragraph 7 of the impugned order,
does not indeed take into
prior to making of the
award which is, for ease of reference referred to as pendente lite. The interest
can therefore be awarded ... reference referred to as future
interest.
10. In Sayeed Ahmed & Company v. State of Uttar Pradesh & Ors.
(2009) 12 SCC 26 (hereinafter referred
dispute arising out of
or in relation thereto ought to be referred to Arbitration
as per the Arbitration and Conciliation Act, 1996 . The
complainant ... dispute arising out of or in relation thereto
ought to be referred to Arbitration as per the Arbitration
and Conciliation Act, 1996 and the
Petitioner
agreed to submit to arbitration in London and the venue of
the arbitration proceedings was London, England.
3) The arbitration was to be conducted ... their disputes
resolved through the process of arbitration with seat of
arbitration in India, such an arbitration would
obviously be governed by the provisions
under Section 11 came to be filed before this Court
wherein reference to arbitration was sought by the Defendant. In the said
petition, a Learned ... Single Judge of this Court refered the disputes to
arbitration in the following terms:
"ARB.P. 73/2018
1 This is a petition under
Arbitration Tribunal. Thus each arbitration clause
would have to be given a meaning as per its
phraseology. If the arbitration clause ... referred
for arbitration and the rules of Indian Council of
Arbitration by the Arbitrator appointed by Indian
Council of Arbitration. It is agreed
arbitration clause, and hence the disputes are liable to be referred to
arbitration.
3. The counsel for the Defendants relies upon clause ... earlier are that the
parties have intended to make a reference to an
arbitration and treat the decision of the arbitrator as
final
