Section 8 of the
Arbitration and Conciliation Act the dispute
arising out of the arbitration clause had to be
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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
clearly agreed and understood that no difference or
dispute shall be referable to arbitration as herein before
provided, if the Company has disputed ... arbitration is not
available to the petitioner herein in view of the
arbitration clause specifically excluding the mode of
adjudication of disputes by arbitration, where
agree
that the same shall be referred to Arbitration under he Indian
Arbitration Law. The arbitration shall be by three arbitrators.
KCP shall be entitled ... party to
an arbitration agreement, with other parties to the arbitration
agreement as also non-parties to the arbitration agreement,
reference to arbitration or appointment
said case related
7
to laws governing arbitration under the Arbitration Act, 1940 (hereinafter
referred to as „the 1940 Act‟). The learned Judges referred ... arbitration is held, is normally
the law to govern that arbitration. The territorial link
between the place of arbitration and the law
governing that arbitration
subject them to the rigour of arbitration proceedings, in the absence of
arbitration agreement, the court can refer them to arbitration only with
written consent ... Board is involved.
36. Emphasizing that under Section 89 CPC, referring the parties to
arbitration could be made only when the parties agree for settlement
policy
conditions. Referring to The Vulcan Insurance Co. Ltd.
(supra), he has held thus:-
“The dispute which is not referable to arbitration,
being not covered ... arbitration is
not available to the petitioner herein in view of the
arbitration clause specifically excluding the mode of
adjudication of disputes by arbitration, where
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 ... written form of arbitration clause
or to a document containing an arbitration clause constitutes an
arbitration agreement if the reference is such as to make
incorporated into the
contract (where such reference is made), only by a
specific reference to arbitration clause.
Civil Appeal No. 2439 of 2018 Page ... 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
submitted :-
(a) The reference to the 1940 Act in the partnership deed dated
09.11.2005 has to be necessarily referred to Arbitration process, as
prevalent ... document containing an
arbitration clause constitutes an arbitration agreement if the contract
is in writing and the reference is such as to make the arbitration
