full and final discharge voucher to the insurer, can be referred to
arbitration.
The brief facts :
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2. The respondent (Insured) obtained a standard Fire ... reference to the
arbitration inasmuch as the arbitration clause itself would perish."
In that case the question arose with reference to a claim
prayer for referring the dispute for
arbitration under Section 8 of the Arbitration and Conciliation Act,
1996 (hereinafter referred ... 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
seeking reference to arbitration under Section 45
and alternatively under Section 8 of the Arbitration &
Conciliation Act, 1996 (hereinafter referred ... Arbitration Act. Section 2(h) of
the Arbitration Act mentions that the "party" means a party to
an arbitration agreement
arbitration clause in a contract or in the form of a separate
agreement.
(3) An arbitration agreement shall be in writing.
(4) An arbitration agreement ... arbitration clause the respondent
merely objected to the names inter-alia contending the suggested
arbitration would not be cost effective and the demand for arbitration
said document so that the same cannot be
referred to arbitration or looked into by the
arbitrator.
ii) Whether clause 62 of the special conditions ... obligations. Thus, the matter in
respect of which the respondent sought reference to
arbitration was "excepted matter" in terms of clause
referred to the Managing Director of
Employer whose decision shall be final, conclusive and binding
and shall not be referred to arbitration ... Arbitration Act, 1940 which contains "Implied
Conditions of Arbitration Agreements" lays down that -
"the costs of the reference and award shall
referred
to arbitration" have consistently been held by
the Indian Courts to be antithetical to the
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concept of arbitration. Reference was made ... being an arbitration agreement if it has the
attributes and elements of an arbitration
agreement. Conversely, the mere use of the
words `arbitration
under the Act that even such matter is
required to be referred to arbitration. There is also no provision for
splitting the causes of action ... well
as other disputes, the matter is required to be
referred to arbitration. There is also no provision
for splitting the cause or parties
been final and conclusive as
per clause 54 above shall be referred for
arbitration to a sole arbitrator appointed as
follows.
Within 30 days ... damage unless the claim is the subject of
pending action or arbitration."
Referring to the well known decision of Scott vs. Avery
raised five claims.
4. The appellants herein agreed to refer for arbitration only
claim no.4 and the rest of the claims were "excepted ... referred to arbitration is one to which the
arbitration agreement applies. If it is a matter
excepted from the arbitration agreement, the court
shall
