with the arbitration agreement as
defined under Section 2(a) of the Arbitration Act whereunder present
or future disputes can be referred to arbitration ... contend that they had objected to a
reference of future disputes being referred to arbitration in the letter
dated 11th November 2004 in respect
under section 8 of the Arbitration &
Conciliation Act, 1996 (For short " the Arbitration Act, 1996 ") and referred
the parties to arbitration ... arbitration under Section 45 of the Arbitration Act
was liable to be challenged to the forum under
Section 50 of the Arbitration
finally resolved by
binding arbitration at the Singapore International
Arbitration Centre ("SIAC") in accordance with the
Singapore International Arbitration Rules in force ... proper law of the reference, i.e. the law
governing the contract which regulates the individual
reference to arbitration. This is an agreement subsidiary
matters of the first reference, the second
reference and the third reference consisted only of
such disputes which were referred by the Chief
Engineer ... Minutes Order
kvm
22/35
ARBAP244.12
arbitration proceedings under same arbitration
agreement, successive references of various
disputes arising from time to time under
arbitration clause. It is submitted that only
disputes which were referable to arbitration under the license agreement
were related to the "execution, interpretation, performance ... cannot be split up, no part of such dispute can be referred to arbitration
at all.
35. Learned senior counsel for the original respondent
distinguishes
arbitration
agreement i.e. the arbitration clause. The submission of Dr. Singhvi is that the
absence of IPLA will not nullify the arbitration clause ... applicants, there does not exist any
arbitration agreement under any such alleged agreement. Arbitration
application thus invoking alleged arbitration agreement in a non-existent
document
worded in favour of making a reference to arbitration when
a party or any person claiming through or under him approaches
the Court ... Does the arbitration agreement fall under the scope of the
Convention?
2. Is the arbitration agreement evidenced in writing?
3. Does the arbitration agreement exist
validity of the arbitration agreement, if a plea is
raised that the agreement containing the arbitration clause or the
arbitration clause itself is null ... Russell on Arbitration restates the position that Section 7 of the
Arbitration Act, 1996 in the U.K. enables the arbitration agreement to
survive
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
referred to the arbitration once all the
conditions of the arbitration agreement read with section 7 of the Arbitration and
Conciliation Act, 1996 having been ... refers expressly to this clause 4 1 (c); and (b) it fails to
give notice of election to have the dispute referred to
arbitration
