relates to the
work to be carried out by MII is referred to
arbitration and any award/ judgment/ decree/ order
is passed, or a settlement ... Main Contracts and
is not settled mutually by negotiation, shall be
referred to arbitration under the Indian Arbitration
Act, 1940 , as amended from time
which cannot be settled by mutual
negotiations, the matter shall be referred for
arbitration in accordance with Indian
Arbitration Act, 1940 of any statutory
modification ... contain any arbitration clause. The contention
of DR is that arbitration clause in the General Conditions of
Purchase is incorporated by reference, having regard
with the domestic arbitration vis-`-vis the
International arbitration.
Section 8 confers a power on the judicial authority. He must refer the
dispute which ... arbitration clause
and attempts for settlement of disputes otherwise than in
accordance with the arbitration clause by substantiating
the existence of an arbitration clause
with the domestic arbitration vis-`-vis the
International arbitration.
Section 8 confers a power on the judicial authority. He must refer the
dispute which ... arbitration clause
and attempts for settlement of disputes otherwise than in
accordance with the arbitration clause by substantiating
the existence of an arbitration clause
finally resolved by arbitration. It clarifies that the rules of
UNCITRAL would apply to such arbitration. It then directs
that the arbitration shall be held ... resolved by arbitration. It also says
that the rules of UNCITRAL would apply to such arbitration.
It then states that the arbitration shall be held
reference to
arbitration.
6. Whether there is an arbitration agreement or not, has to be decided with
reference to the contract documents and not with ... 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
partnership, then any
such dispute, doubt or question shall be referred to the
arbitration of a single Arbitrator. In case, however, the
parties are unable ... Arbitration Act, 1940. Accordingly, an application under Section
20 of the Act for filing the arbitration agreement in Court and for
reference of disputes
cause to remit the
award or any of the matters referred to arbitration for
reconsideration in manner aforesaid, and if no application
shall have been ... Clauses 1 to 16, Order of
reference on agreements to refer from Clauses 17 to 19 and
Arbitration without the intervention of Court, from Clauses
original arbitration proceedings. In
our view, a proceeding which is at the inception an
arbitration proceeding must retain its character as
arbitration, even when ... force, as if the
arbitration were pursuant to an arbitration agreement and
as if that other enactment were an arbitration agreement,
except
arbitration proceedings
and all subsequent applications arising out of that
reference and the arbitration proceedings shall be
made in that court and in no other ... arbitration proceedings and all subsequent
applications arising out of reference and the
arbitration proceedings shall have to be made in
that court
