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
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
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
Arbitration and Conciliation Act 1996 (for short Arbitration Act ).
2. Based on the agreement dated 8th May, 2006 for assignment and exploitation of copy rights ... arbitration clause as done in the present case itself is wrong. There was no agreement for arbitration between the parties as the Assignment Deed itself
informed of assignment in favour of present
appellant. He argues that Respondent No.1 is not party to said
assignment and assignment, therefore ... these judgments, it is apparent that the
question whether arbitration clause has been assigned or not,
needs to be decided in the facts and circumstances
only argument canvassed is that on account of this
assignment, the arbitration agreement also stood similarly assigned.
To show this, my attention is invited first ... arbitration agreement is an agreement within an
agreement. Not every contract or agreement requires an arbitration
clause or agreement. Many contracts go without. An arbitration
