Court, while dealing with the applications under Section 11(6)
of the Arbitration and Conciliation Act, 1996 (for brevity, “the
Act”), is justified to repel ... facts would unveil, the appellant vide letter dated
28.12.2015 invoked the arbitration in terms of Clause 33 of
the General Terms and Conditions
raises a short question as to whether Section
34 (4) of the Arbitration and Conciliation Act, 1996 (for short “the
Act”) empowers the Court ... Date: 2017.04.22
11:30:52 IST
Reason:
by the parties to the arbitration proceedings?
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2. The Appellants, being joint owners of premises
itself.
7. The agreement inter se the parties contained an arbitration
clause and thus, the matter went to arbitration on the
lender/respondent invoking ... arbitration clause on
16.11.2016. However, prior to this invocation, a notification
was issued on 05.08.2016 in exercise of powers conferred under
Article 8 of
the agreement. In fact, this clause is an arbitration
clause as per which parties agreed to settle their disputes
peacefully by means ... arbitration.
Unfortunately, in spite of the aforesaid second
agreement entered into between the parties, the working
relationship between them could not be carried out
satisfactorily
clause 16 provided for settlement of disputes arising under the
contract, through arbitration. The same read as under:
“If at any time hereafter either during ... these presents
then the same shall be referred to the arbitration of
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three independent persons as arbitrators, one to be
appointed by each party
below :
“The Court : In exercise of power under Section
11 of the Arbitration & Conciliation Act, 1996
I appoint Justice S.S. Ganguly (Retd ... High Court, in exercise of its powers
under Section 11 of the Arbitration and Conciliation Act,
1996 (hereinafter referred to as the “ Arbitration Act ”).
Additionally
Agricultural Marketing Board, Haryana, as Arbitrator for the
adjudication of the claim. Arbitration proceedings which commenced on
2.11.2007, culminated in an award dated ... Haryana, while recording his conclusions opined,
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that the provisions of the Arbitration and Conciliation Act, 1996
(hereinafter referred to as, the Arbitration Act ), were
interest. The
respondent called upon the appellant, to refer the dispute to
arbitration, under clause 15 of the Distributorship Agreement dated
01.02.1994.
3. During ... only courts in MADRAS
SHALL HAVE jurisdiction to determine the same.
15. Arbitration
15.1 In the event of any dispute or difference
between the parties
April, 2006 (hereinafter the AWARD)
came to be passed in an arbitration between VENTURE and SATYAM.
The relevant portion of the AWARD reads as under ... ownership to Satyam or its designee.”
4. The dispute leading to the Arbitration and the AWARD arose out
of the Agreement dated 20th October
appeals raise an interesting question as to whether, when
the seat of arbitration is Mumbai, an exclusive jurisdiction clause stating that
the courts at Mumbai ... relevant for our purpose, and are set out hereinbelow:
“Dispute Resolution Mechanism:
Arbitration: In case of any dispute or differences arising
between parties
