referred to
arbitration in view of the existence of an arbitration agreement. Whether a
party has waived his right to seek arbitration and subjected himself ... three
issues referred by the appellant are the only disputes, it may be possible to
refer them to arbitration. But a mortgage suit
draw distinction between ‘validity
of an arbitration agreement’ and ‘existence of an arbitration
agreement’. Reference was made to observations of Kurian
Joseph, J. in Duro ... Section 7 of the Arbitration Act. Section 7 of the
Arbitration Act reads:
“7. Arbitration agreement. — (1) In this Part,
“arbitration agreement” means an agreement
relating to the law of arbitration and all proceedings of
arbitration were regulated by those provisions. Subsequently, the
Arbitration Act of 1940 was enacted ... Justice Chinnappa Reddy
referred to six decisions of this Court (which the learned Judge referred
to as cases where reference to arbitration was made
full and final discharge voucher to the insurer, can be referred to
arbitration.
The brief facts :
2
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
parties shall be finally settled by arbitration conducted
in accordance with the Rules of American Arbitration
Association. The arbitration proceedings shall be held in
Pennsylvania ... arbitration, international commercial arbitration and
enforcement of foreign arbitral awards. Further, the 1996 Act
has no provision like Section 34 of the Arbitration
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 ... 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
parties relating to the contract (some agreements may refer to some
exceptions) shall be referred to arbitration and that the decision of the
arbitrator shall ... arbitration
agreement. Where the arbitration agreement provides that all disputes shall
be settled by arbitration but excludes certain matters from arbitration, then,
the arbitrator will
Section 8 of the Arbitration and
Conciliation Act, 1996 (“ Arbitration Act ”) in Civil (Commercial) Suit No.62 of
2017, seeking reference of disputes to arbitration ... refer the parties to arbitration, is satisfied of the existence of the
arbitration agreement, it is incumbent to refer the parties to arbitration, even
proceedings, being "commencement of the arbitration
proceeding", "continuance of arbitration proceedings",
"entering into reference" which in different context would ... claimant to refer the dispute to
arbitration. Commencement of an arbitration proceedings for
certain purposes is of significance. Arbitration
proceedings under
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 ... arbitration in
accordance with the arbitration rules of GAFTA, holding that the arbitration
clause from GAFTA Contract 15, was incorporated by reference, into the
contract
