assignable
or is only assignable (it is said) where the assigns are
expressly mentioned in the clause itself or the contract
which contains the arbitration ... rights or the assignability of the contract if it is
otherwise assignable."
22. If a contract is assignable, an arbitration clause will follow
separate and independent arbitration clauses which can survive
even when the reference to arbitration mechanism does not survive.
20. If the arbitration has been initiated ... entire reasoning on the principle that the assignment of contract would
also amount to assignment of arbitration agreement contained in
contract. However
assignable or is only assignable (it is said) where the assigns are expressly mentioned in the clause itself or the contract which contains the arbitration ... question, of course, of the assignability of the arbitration clause; but that an arbitration clause is assignable in its nature seems
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
arbitration agreement. He may invoke the arbitration
agreement to pursue a claim but will also be subject to
the arbitration agreement in the event ... section 16 of the Arbitration &
Conciliation Act, 1996 are not relevant to decide
whether arbitration agreement can be assigned or not.
Under section
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
arbitration clause in
the agreement, it is for the court to refer the parties to arbitration in
terms of their arbitration agreement and nothing remains ... namely, the assignment and assumption of contracts dated
05.02.2010.
36. Admittedly, the validity of assignment is an arbitration
dispute and pending adjudication before the arbitrator
Vidya Drolia v. Durga Trading Corpn. 3 , Interplay between Arbitration
Agreements under the Arbitration & Conciliation Act, 1996 & the Indian
Stamp ... either to
the SPA or the arbitration agreement contained therein. Therefore, on the
date of the invocation no arbitration agreement existed between PNBHFL
invoked Clause 21 of the Deed of
Assignment, which stipulates the Arbitration Clause and the same is
reproduced as follows:
"21. Arbitration: Any claim ... respondent No.1 by stating that under the Deed of
Assignment (which contains the Arbitration Clause): (i) there was no
obligation on the part
their right to invoke the arbitration clause in terms of the lease deeds.
Moreover, the arbitration clause stood assigned along with the lease deeds ... Petitioners were arbitrable? The learned Arbitrator observed
that since the arbitration clause had been assigned in favour of Mr. Saxena
with the execution
