subject disputes to arbitration. He
submitted that the scope of the Arbitration Clause was restricted to refer
disputes in respect of interpretation of the content ... Accordingly, the parties were referred to
arbitration in terms of the arbitration clause.
52. Mr Sethi had also referred to the decision of the Supreme
Final Bill, as claimed.
4. The Arbitration Clause contemplated a pre-arbitration dispute
resolution mechanism by referring the disputes to the Chief Executives ... with the pre-reference procedure is required to be
excluded while calculating the period of limitation for referring the
disputes to arbitration or whether
between the parties and,
inter alia, praying that the parties be referred to arbitration. The
petitioner resisted the aforesaid application claiming that there ... with respect to this amount is not
covered under the above-referred arbitration clause.
Admittedly, the defendant has also raised claims
against the plaintiff
matter of a
reference". The word "reference" having been
defined in the Act as "reference to arbitration"
"the phrase ... arbitration or after the arbitration is completed or before
the arbitration is commenced. It was, therefore, held that the
expression "in any reference
construed as a
request for reference of the disputes to be referred to arbitration under
Section 21 of the A&C Act.
62. There ... notices referred to
above included a request that the disputes, relating to the claims
mentioned by the respondent, be referred to arbitration. Plainly, none
then apply to the dispute as if the arbitration was in
pursuance of an arbitration agreement referred to in sub-
section (1) of section ... arbitration
agreement and section 18(3) of the Act; Section 18(3) contemplates only
an institutional arbitration and not an ad hoc arbitration
notice
invoking arbitration were separate and distinct". Whilst Elena
admitted existence of the arbitration agreement for reference of disputes
under the BTG Contract ... document containing the arbitration clause would also constitute an
Arbitration Agreement if the contract is in writing and reference to the
Arbitration Agreement is such
Authority could not appoint an arbitrator, the parties could not be
referred to arbitration. He relied upon the decision of the Supreme Court
in Newton ... referred to arbitration.
19. Clause 25 of the GCC, undisputedly, embodies an arbitration
agreement and the parties have agreed to refer their disputes (except
inter alia, praying that the parties be
referred to arbitration.
12. The said application was allowed by an order dated 04.06.2021
and the parties were ... referred to arbitration in terms of the arbitration
agreement as embodied in Clause 12 of the Trademark License
Signature Not Verified
Digitally signed
Dispute
16. The present dispute, which the petitioners seek to refer to
arbitration, arises between the F1 Family Group and the F3 Family
Group ... refer a dispute that is ex facie barred; and, (b) that the existence of an
agreement to refer the disputes to arbitration cannot be examined
