General Conditions of Contract) provided
for settlement of disputes by arbitration. By letter dated 18.6.1990
3
respondent invoked the provision for arbitration and sought appointment ... District Court, Ajmer, under
section 20 read with section 8 of the Arbitration Act, 1940 (Act for short) for
filing the arbitration agreement into court
matter
relates to interpretation of sub-section (5) of section 7 of Arbitration and
Conciliation Act, 1996 ('Act' for short) and the issue ... involved is whether an
arbitration clause contained in a main contract, would stand incorporated by
reference, in a sub-contract, where the sub-contract provided
petition filed by the respondent herein, under
section 11(6) of the Arbitration & Conciliation Act, 1996 ('Act' for short),
whereby he appointed ... Clause 69 of
the said agreement provided for settlement of disputes by arbitration. The
said clause reads thus :
"69. Any dispute or a difference
determined in this
appeal by special leave is : does the arbitration agreement
survive for the purpose of resolution of disputes arising under
or in connection ... before
2
the trial court under Section 8 of the Arbitration and Conciliation
Act, 1996 (for short , `Act, 1996') read with Section
learned counsel.
2. Certain disputes between respondent and appellant
were referred to arbitration. The Arbitrator made an
award dated 14.9.2005 directing the appellant ... with
interest. The appellant filed an application under
Section 34 of the Arbitration and Conciliation Act, 1996
2
(in short `Act') before the City
Arbitral Tribunal should be
constituted in the manner laid down in the Arbitration
agreement. Provisions for arbitration in contracts entered
by governments, statutory authorities ... refer to the facts briefly. The respondent made
a request for arbitration in the year 1999. As the
appellant failed to take necessary steps
about 18.08.1987, the appellant filed an
application under Section 20 of the Arbitration
Act, 1940 (hereinafter, the Act) before the Court
of Addl. Civil Judge ... discussing the implication of these
clauses, it may be noted that the Arbitration Act,
14
1940 does not contain any provision enabling the
arbitrator
reason by rejection of claims
of appellant and they were referred to Arbitration on 13.3.1997. Before the
Arbitrator, the appellant made 11 claims aggregating ... aside the award, filed by the respondents under section 34 of the
Arbitration and Conciliation Act, 1996 ('Act' for short). The appeal filed
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
BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 338 of 2009
IN
ARBITRATION PETITION LODG NO. 493 OF 2009
Girish Mulchand Mehta,
Flat ... This appeal takes exception to the Judgment dated 3rd July, 2009 in
Arbitration Petition (L) No. 493/2009. The said petition was filed
