contract if it was assigned, no objection to assignability arose."
"If a contract were otherwise assignable, an arbitration clause did not prevent ... that an arbitration clause is assignable, if the main contract is assignable. Russel on Arbitration Nineteenth Edition, at page 69 has stated that
other Courts. The
Clause 15 of “Deed of Assignment of Trade Marks”,
dated 14.10.2019, contains Arbitration Clause, which
reads as follows:-
Arbitration Clause, which reads ... Trademark Act, but a right that
emanates from the Assignment Deeds. The Assignment of
a trademark is by a contract and not by a statutory
Vidya Drolia v. Durga Trading Corpn. 3 , Interplay between Arbitration
Agreements under the Arbitration & Conciliation Act, 1996 & the Indian
Stamp ... either to
the SPA or the arbitration agreement contained therein. Therefore, on the
date of the invocation no arbitration agreement existed between PNBHFL
also filed a request for
arbitration with the International Council for Arbitration
(ICC) being Arbitration No.20432/TO and claimed a
compensation to the tune ... Association Agreement stands assigned in favour of the
respondent after execution of the Assignment
Agreement; accordingly, post assignment, the Arbitration
Agreement does not fall
invoked Clause 21 of the Deed of
Assignment, which stipulates the Arbitration Clause and the same is
reproduced as follows:
"21. Arbitration: Any claim ... respondent No.1 by stating that under the Deed of
Assignment (which contains the Arbitration Clause): (i) there was no
obligation on the part
Sole Arbitrator for this
assignment and also communicate the retainership charges and
venue suitable to you for the purpose of Arbitration. The detail
Terms ... appointed as the 'Sole
Arbitrator' in the MSL arbitration assignment. We are outlining
below the terms of reference, in this matter
with a clear understanding that
the provisions of the Arbitration Act shall apply to the arbitration
proceedings and even the fees and other expenses ... undertaken as well as his prior experience in arbitration
proceedings. This include his various arbitration assignments
from 2005 onwards. There is also a disclosure that
have always held it to be assignable by its very nature. If a contract
is assignable, the arbitration clause contained in it does not make ... objection to assignment
of the contract; and any such assignment would clearly have the effect of
assignment of the arbitration clause contained in the contract
stretch of imagination or by interpretation of any law, it
assigned the arbitration agreement prescribed under Clause 18
of agreement dated 18.09.1998 between plaintiff ... undefined
12. Learned advocate Mr. Tolia submitted that the law of
assigning of arbitration agreement is clear and necessitates the
unequivocal and explicit consent
ANIRUDDHA ROY, J.:
Facts:
1. This is an assigned arbitration application.
2. This is an application filed under Section 34 of the Arbitration and
Conciliation
