assigned. The rights under the contract can be assigned, but the obligations under a contract cannot be lawfully assigned. Moreover, the intention of the assignability ... report held that if a contract is otherwise assignable arbitration clause will follow assignment of the contract. Here, the second respondent is the nominee
assigned the
Trademark to the 1st Respondent. Since the alleged Assignment Deed
itself is challenged by the Petitioners due to its illegal nature, the
Arbitration ... trademark was
assigned in their joint names. The deed of assignment contains an
Arbitration Clause vide Clause 15. Since the assignment was not
registered before
assigned the
Trademark to the 1st Respondent. Since the alleged Assignment Deed
itself is challenged by the Petitioners due to its illegal nature, the
Arbitration ... trademark was
assigned in their joint names. The deed of assignment contains an
Arbitration Clause vide Clause 15. Since the assignment was not
registered before
effect that as per Clause 22 of Deed of Assignment, arbitration proceedings have to be initiated immediately on default of two instalments, but the appellant ... pellucid that as per Clause 22 of the Deed of Assignment, arbitration proceedings can be invoked at two stages. The first stage is that
squarely
founded on the award being non-speaking in nature, the Arbitration
Court assigns the following reasons:
“19.This takes us to the last plea ... clearly from the face of the award, the
above observation of the Arbitration Court is exceptionable and not
acceptable. The complete lack of reasons cannot
assignee does not automatically become a party to a pending arbitration on the assignment taking effect in equity. Something more is required. He must atleast ... benefit of the contract of sale, including the arbitration clause, could be and was validly assigned to the defendants on 15 December 1986; see Shayler
show the existence of bias. Merely for the reason that the arbitration clause assigned the task of nominating the arbitrator from amongst the engineers ... cause.
4. It is somewhat intriguing, once it is accepted that the arbitration clause is valid and that it shall bind the parties
perusal of
records, the clause 14 of the assignment agreement, which deals with the
arbitration, if any dispute arising between the parties with regard ... agreement. As per clause 14 of the assignment, now the defendant
invoked the said arbitration clause filed the petition before the commercial
Division of this
type, the claim must painly be pursued by arbitration, since the original prty could not, by assigning away his right, deprive the respondent ... wherein it has been laid down that, the question whether arbitration clause has been assigned or not, needs to be decided in the facts
notice of assignment, the Mutual Task Maritime Ltd., informed 1st respondent that under an assignment dated 20.12.2000, they had assigned absolutely all rights of amounts ... petitioner to file the above petition and the validity of the assignment deed assigned in favour of the petitioner are unsustainable and are rejected