respect to the difference referred;
but where it decides not to supersede the
reference and the reference and the arbitration
agreement subsist and if there ... arbitration agreement for making a
further reference or for continuing the same
reference, further arbitration can take place. The
contention therefore urged on behalf
shall
be referred to arbitration under the Arbitration and
Conciliation Act, 1996 ...” This would be an
UNRESTRICTED or ABSOLUTE arbitration clause.
In such a case ... power to refer the parties to arbitration
when there is an arbitration Agreement. Similarly,
section 16 of the Arbitration Act categorically recognizes
and empowers
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
referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 . The venue of the arbitration shall be at Bangalore ... before it to arbitration in accordance with the arbitration agreement.
6.Parties to the action before judicial authority and the arbitration agreement should
make the reference. While Mr. Madon in support of
the appeal canvassed the point that the suit must be referred to
arbitration and the court ... refer disputes to the suit, notwithstanding any
judgment or decree or order of the Supreme Court or any court
and refer parties to arbitration unless
annum from
the date of filing of the arbitration reference till the date of Award
and also claimed further interest at the rate ... Statement and Counter
Claim on 25th October, 2002 in the said arbitration reference. The
respondent no.1 filed a rejoinder to the Written Statement
three claims under reference has been referred. The Supreme Court in that case was construing the arbitration clause which was wholly different in scope than ... specifically referred. We stress the word "specifically" because parties who make a reference to arbitration have the right to insist
that the tribunal
differences referred.
9. These provisions, in our opinion, make it clear beyond all doubt that having once made a reference to arbitration the Court cannot ... with the subject-matter of the reference as long as the reference stands; it is only when the arbitration is superseded that the suit
Arbitration Tribunal, Ahmedabad (hereinafter referred to as
"the Arbitration Tribunal") in Arbitration Reference No.112 of
1998.
2. The petitioner, a Government ... where
there is no arbitration clause and it stands impliedly repealed
by the Arbitration Act .
2.2 Thereafter, the present Arbitration Reference
Section 408 of the BPMC Act for ready
reference :
"8. Power to refer parties to arbitration where there is
an arbitration agreement ... Court
and the reference to arbitration with recourse to Section 11 of the
Arbitration Act. Where the reference is made without intervention of
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