arbitration clause. It is argued that there is neither any privy of
contract nor any arbitration agreement/ clause between the
parties, therefore, no arbitration proceedings ... contract will follow the assignment. It was
observed that post the assignment of the loan agreement, the
rights under the arbitration agreement being
wherein it held that if the contract is assignable, the arbitration
agreement enshrined in the contract will follow the assignment), in its
judgment in Kotak ... OnLine Del 6832), held that if the contract is assignable, then the
arbitration agreement enshrined in the contract will follow the assignment.
It was observed
wherein it was held that if the contract is assignable then the arbitration
agreement enshrined in the contract will follow the assignment, in its
recent ... objector.
28. From the perusal of the impugned arbitration award and arbitration pro-
ceedings it is clear that the grounds taken in the present petition
Agreement contained provisions for assignment
of the loan. The extant law is that if a contract is assignable, the
arbitration clause will follow the assignment ... referred to arbitration observed:
70. Normally, arbitration takes place between the persons
who have, from the outset, been parties to both the arbitration
agreement
dismissed Under
Suit no. 471/04 10/16
Section 14 of the Arbitration Act on the point of limitation and denied
the suggestion that ... also not
disputed that subsequently Sh. Vinod Gaur was assigned arbitration
proceedings, who passed 4 awards against the plaintiffs. The
defendants thereafter filed execution proceedings
resolution by
Arbitration with the Claimant. In the notice invoking arbitration
dated 09.04.2016 the claimant has failed to identify a written
arbitration agreement executed between ... party of a contract to assign it if it is
otherwise assignable.
18. While distinguishing between two clauses of
assignment the Supreme Court observed that
wherein it was held that if the
contract is assignable then the arbitration agreement
enshrined in the contract will follow the assignment, in its
recent ... held
that post the assignment of the loan agreement the rights
under the arbitration agreement being in the nature of remedy
for enforcement of rights
Calcutta High Court);
9. CMDR S.P. Puri Vs. Alankit Assignments Ltd. 2008
(3) Arbitration Law Reporter, 465 (Delhi High Court);
10. State of Rajasthan ... 1862/2014) SC;
15. CMDR S.P. Pur Vs. Alankit Assignments Ltd. 2008
(3) Arbitration Law Reporter, 465 (Delhi High Court);
16. M/s Revechee
Page No.1 of 9
Petition /objections under section 34 of the Arbitration and Conciliation Act,
1996 against the award No. 52/2014-15 dated ... proprietary concern through its authorized representative invoke
Arbitration Clause printing on the invoice and arbitration was assigned to the
Arbitral Panel- II of the Delhi
Indian Arbitration & Conciliation Act, 1996.
2
JUDGMENT
This judgment shall decide a petition u/s 34 of the Arbitration and
Conciliation Act, 1996 (hereinafter ... July, 2003 till the date of payment which
was assigned to arbitration; appellant filed the statement of claim which was
replied by the respondent