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
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
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
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
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
contract if it was assigned, no objection to assignability arose."
"If a contract were otherwise assignable, an arbitration clause did not prevent ... that an arbitration clause is assignable, if the main contract is assignable. Russel on Arbitration Nineteenth Edition, at page 69 has stated that
assignable. The clause in the Agreement of Sale specifically mention the assignability of the contract and as such, when the contract is assignable, an arbitration ... contract if it was assigned, no objection to assignability arose."
"If a contract were otherwise assignable, an arbitration clause did not prevent
with a clear understanding that
the provisions of the Arbitration Act shall apply to the arbitration
proceedings and even the fees and other expenses ... undertaken as well as his prior experience in arbitration
proceedings. This include his various arbitration assignments
from 2005 onwards. There is also a disclosure that
arbitration was invoked and according to the applicants, they
were not intimated about invocation of arbitration, the applicants
have questioned the commencement of arbitration proceedings ... undertaken as well as his prior experience in arbitration
proceedings. This include his various arbitration
assignments from 2005 onwards. There is also a
disclosure that
shall not be entitled to ask for reference to arbitration before completion
of the work assigned to him under this contract. Thecontractor shall seek reference ... shall not be entitled to seek for reference to arbitration before
completion of the work assigned to him under this contract. The contractor shall seek
