arbitration
agreement described under section 7 of the Arbitration Act thus
would have no application to the arbitration agreement assigned in
favour of the petitioner ... assigned. The rights under a contract can be assigned, but the
obligations under a contract lawfully cannot be assigned. The
intention about assignability would depend
Arbitration Act. Also if Respondent's contention of incorporation of
arbitration clause in Tripartite Assignment Agreement is to be
accepted, then Concept would lose ... Arbitration Act , where existence of Arbitration Agreement
is alleged, but is not denied, amounts to an Arbitration Agreement
between the parties. That in the present
Arbitration Act. Also if Respondent's contention of incorporation of
arbitration clause in Tripartite Assignment Agreement is to be
accepted, then Concept would lose ... Arbitration Act , where existence of Arbitration Agreement
is alleged, but is not denied, amounts to an Arbitration Agreement
between the parties. That in the present
rightly invoked the said arbitration agreement.
The impugned order holding that arbitration agreement was not
assigned in favour of the petitioner shows patent illegality ... decide whether the Applicant can invoke
arbitration.
The arbitration clause contained in the Letter of Assignment
clearly stipulate that, assignee has stepped into the shoes
Chairperson is for taking
assignments outside their duties such as "arbitration
assignment".
3.1 Learned counsel emphatically contended that neither of
the aforesaid Rules ... take assignment post retirement whereas Rule
16 (3) provides for only embargo applicable on alternative
assignment during the tenure of service, i.e. assignment
assignable
or is only assignable (it is said) where the assigns are
expressly mentioned in the clause itself or the contract
which contains the arbitration ... rights or the assignability of the contract if it is
otherwise assignable."
22. If a contract is assignable, an arbitration clause will follow
separate and independent arbitration clauses which can survive
even when the reference to arbitration mechanism does not survive.
20. If the arbitration has been initiated ... entire reasoning on the principle that the assignment of contract would
also amount to assignment of arbitration agreement contained in
contract. However
that consent was the
bedrock of Arbitration, and that Section 7 of the Arbitration Act
required an Arbitration Agreement to be in writing. He pointed ... Assignment was invalid and, alternatively, even assuming the Deed of
Assignment was valid, it did not result in an automatic assignment of
the arbitration clause
clause was validly assigned and that notice of claims assignment was properly and timeously given. The contention that the arbitration lapsed or that the clause ... eligible and entitled to assign its rights. Similarly, the arbitrable clause was assignable in the country where the arbitration proceedings commenced and the Award passed
assignable or is only assignable (it is said) where the assigns are expressly mentioned in the clause itself or the contract which contains the arbitration ... question, of course, of the assignability of the arbitration clause; but that an arbitration clause is assignable in its nature seems
