alia, that as per the agreement between the parties, the venue of
arbitration was agreed to be in India and it was further agreed that ... shall have exclusive jurisdiction in all matters
except in relation to the arbitration; that the arbitration proceedings
were held and the award announced at Calcutta
complaint is not stayed and the parties are not
relegated to the arbitration, the Act purports to
operate in derogation of the provisions ... Arbitration Act . Prima facie, the contention
appears to be plausible but on construction and
LPA No. 204/2009 Page 7 of 18
conspectus
Additional District Judge, Delhi, vide which application under Section 34 of the
Arbitration and Conciliation Act, 1996 ( for short as Act) filed by respondents ... contended by learned counsel for appellant that there was arbitration
agreement between the parties and the same was printed on the invoices itself. Trial court
MUDGAL,J.
1. These are objections filed under Section 34 of the Arbitration and Conciliation
Act, 1996 (hereinafter referred ... respondent by its letter dated 11th November, 1997 invoked the arbitration
clause and since, according to the respondent, no Engineer had been appointed
parties, known as „Manufacture and Sale Agreement‟.
As this covenant contains an arbitration clause, the appellant herein
FAO (OS) No.193/2009 Page 1
proposes ... invoke the arbitration in accordance with the said Agreement.
Pending this action the appellant moved an application under Section 9 of
the Arbitration and Conciliation
petitioner/appellant to submit his defence thereto together with
fee of arbitration as well as his nominees from the panel of
arbitrators of the stock ... stock exchange to entertain the claim of the
stock broker for arbitration; that the petitioner/appellant had never
authorized the transactions on the basis whereof
Digest?
VIPIN SANGHI, J.
1. This appeal under Section 37 of the Arbitration and
Conciliation Act (The Act) has been preferred by National
Highway Authority ... Mtrs.
4. The dispute that was referred to arbitration was not really
in respect of the quality or nature of work to be performed
Present petition has been filed under Sections 30 and 33 of
Indian Arbitration Act, 1940 (hereinafter referred to as "Act,
1940") raising objections ... agreement. Any dispute
which relates to the agreement can be
referred to arbitration. Specific provision has
been made in the arbitration agreement which
deals with
COURT OF DELHI AT NEW DELHI
% Date of decision: 26th May, 2009
+ ARBITRATION PETITION NO.246 OF 2005
M/S. CHANDER KANT & CO. ..... Petitioner ... ORAL)
1. This is a petition under Section 11 (5) of the Arbitration
& Conciliation Act, 1996 for appointment of an arbitrator to
adjudicate
appellant had filed the present appeal under Section
37[2] of the Arbitration and Conciliation Act, 1996 (hereinafter referred
to as the „Act‟) assailing ... claiming the said amount. In 2002, the appellant had
initiated the arbitration proceedings in terms of clause 16 of the
arbitration agreement against the respondent
