even non signatories to the
Arbitration Agreement can be referred to Arbitration held as under:-
"70. Normally, arbitration takes place between the persons ... absolute obstructions to law/the arbitration
agreement. Arbitration, thus, could be possible between a
signatory to an arbitration agreement and a third party. Of course
panel of arbitrators (The "Arbitration Panel") in accordance
with the Arbitration and Conciliation Act, 1996 . The
Arbitration Panel shall consist of three parties ... Kashmir Arbitration and Conciliation Act, 1997 envisages as under:
"8. Power to refer parties to arbitration where there is an
arbitration agreement
Ayan Dey,Adv.
..for Respondent.
The Court:-This specially assigned arbitration
petition has been made invoking section 29A of Arbitration
& Conciliation Act, 1996. Claimant
dated
01.12.2017 since one of us [Anant S. Dave, J.] is
assigned Arbitration matters in the Second
Session of Friday
dated
01.12.2017 since one of us [Anant S. Dave, J.] is
assigned Arbitration matters in the Second
Session of Friday
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
proprietorship, the
arbitration clause, does not apply devolve upon the company. Moreover, the
arbitration clause is an independent clause which is not assignable. This ... 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
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
disputes arising in the future between them to arbitration or by
submitting to arbitration when a dispute arises. A party who has
not so consented ... third party or a non-
signatory to the arbitration agreement, is usually excluded from
the arbitration. There are however some occasions when such
a third
defined in Section 2(1)(d) of the M.P.
Arbitration Tribunal Act, 1983, and the Tribunal constituted under this Act
can decide under Section ... fixation of rates and by the
"arbitration agreement" between the parties this work has been assigned to
the authority named therein
