Delhi. The
Division Bench in an appeal under Section 37 of the Arbitration Act, 1996
has stepped in to set aside the judgment ... upheld the
award. In an appeal filed under Section 37 of the Arbitration Act, vide the
impugned judgment dated 8th February, 2012, a Division Bench
terms of a possible
settlement and refer the same for
(a) arbitration;
(b) conciliation;
(c) judicial settlement including
settlement through Lok Adalat; or
(d) mediation ... Where a dispute has been referred
(a) for arbitration or conciliation, the provisions
of the Arbitration and Conciliation Act, 1996
(26 of 1996) shall apply
interesting question as to the
interpretation of Section 12(5) of the Arbitration and Conciliation Act,
1996 [“Act”].
3. The appellant, Bharat Broadband Network ... General
(Commercial) Conditions of Contract [“GCC”] provides for arbitration.
The said clause reads as under:
“III.20 ARBITRATION
III.20.1 In the event
taken out an
Application under Section 45 of the Arbitration and Conciliation
Act, 1996 (hereinafter referred to as the ‘ Indian Arbitration Act,
1996 ’). The Bombay ... Suit and the Application under Section 45 of
the Indian Arbitration Act, 1996 are pending disposal.
On 31st October, 2007, the Bombay High Court
defendant No.1 agreed to refer the
said differences to the arbitration of a retired Supreme Court Judge as
follows:-
“8). The Plaintiff ... Defendant No.1 agree to and hereby do refer to
Arbitration of Mrs. Justice Sujata Manohar (Retd.) the dispute as to (i)
the difference
Corporation, the dealer filed a
petition under Section 9 of the Arbitration and Conciliation Act, 1996 (for
short, “1996 Act”) before the District Judge, Etawah ... been appointed after filing of an application under Section 11
of the Arbitration and Conciliation Act.
5. In my view, there is no reason
Designate of Chief Justice of the High Court of Delhi,
allowing Arbitration Application No.284 of 1997 filed under section ... Arbitration and Conciliation Act, 1996 ('the Act' for short).
2. The appellant and first respondent entered into a Partnership as per
deed dated
include lok adalats ( Section 19 of the Legal Services Authorities Act,
1987); arbitration and conciliation (Parts I & III of Arbitration and
Conciliation ... terms of a possible settlement and refer
the same for-
(a) arbitration;
(b) conciliation
(c) judicial settlement including settlement
through Lok Adalat; or
(d) mediation
section
empowers the court to refer the parties to a suit to arbitration without the
consent of both parties, arise for consideration in this appeal ... respondent
did not contain any provision for reference of the disputes to arbitration.
2
3. The first respondent filed a suit against the appellants
permit, tolerate or enable the
court to compulsorily refer the parties to arbitration even without
their consent and against their volition? This is the question ... suit was liable to be referred for arbitration under Section 8 of the
Arbitration and Conciliation Act, hereinafter referred
