case (Supra).
The learned counsel would contend that the arbitration
agreement can be assigned and in view of the fact that the
assets and liabilities ... type, the claim must
plainly be pursued by arbitration, since the
original party could not, by assigning away
his right, deprive the respondent
Four Platform Installation Main
Contract").
The said contracts contained arbitration agreements.
BSCL and Mcdermott International Inc. (for short "MII") entered into
Technical ... that unlike the 1940 Act, the Arbitrator is
required to assign reasons in support of the award. A question may
invariably arise as to what would
setting aside the award under Sections 30 & 33 of the Arbitration Act. The
respondent filed his counter affidavit to the objections of the appellant ... nature of
the arbitration agreement. In terms of the said Amending Act , therefore,
the arbitrators became liable to assign reasons in support of their awards
matter of law by assigning reasons and in fact, it was held that there was no arbitration clause at all.
16. Yet again in Nimeet
secured or unsecured, or assigned, or whether payable under a
19
decree or order of any civil Court or any arbitration award or otherwise
General Public - 49%
On 8th April, 1993 the Deed of Assignment was executed between the
Board and the appellant No.1, in terms of which ... Deed of Assignment. Board filed an application for stay of suit in view
of arbitration clause. Appellant No.1 filed an application in the High
agreement. The said contract contains an arbitration agreement which is in the following terms:
Arbitration:
Disputes arising out of this supply order shall be referred ... arbitrator(s) in accordance with the provision of Arbitration Act including amendments thereto. The venue of arbitration shall be Delhi.
Delhi Courts shall have exclusive
this Court in exercise of its jurisdiction under S. 30 of the Arbitration Act, cannot enter into the merits
of the case inasmuch ... doubt whatsoever that it is not necessary for the Arbitrators to assign any reason in support of the Award and a non-speaking award, contends
course of conciliation proceedings
under this Act or an arbitration award in a case where a notification has
been issued under sub-section ... clause (a) or clause (b) is an employer,
his heirs, successors or assigns in respect of the establishment to which
the dispute relates;
(d) where
other
term specified in Sections 30 and 33 of the Arbitration Act, 1940 is
attracted. It is not a case where it can be said ... nullify an award. The award is a speaking one. The arbitrator has assigned
sufficient and cogent reasons in support thereof. Interpretation of a
contract
