Arbitration clause between the petitioners and the respondents and, therefore, there could be no Arbitration. He submitted that if there was no Agreement for Arbitration ... Arbitration clause. The Arbitration clause has been invoked. In defence, it has been urged that there is no liability because the Contract is assigned. This
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 ... estoppel, third party
beneficiary, or assignment), the group of
companies doctrine was developed specifically
in the arbitration context and is not typically
invoked outside that
signed any arbitration agreement and thus
there can be no question of reference of any dispute to arbitration.
The plaintiff has also pleaded ... Perpetual Injection restraining the
defendants, its agents, servants and assigns from
proceeding with the Arbitration or from taking any steps
and or causing any steps
been pointed out that there has been nothing unusual in the present arbitration clauses as such clauses generally exist in most of the government contracts ... officials of the Law Ministry, and generally senior officers are assigned the work of arbitration. The apprehension formulated by the petitioner are therefore pleaded
Section 8 of the 1996 Act, if there is a clause of
arbitration in the agreement and the said objection is raised at the first ... mention that the partners included their legal
heirs, representatives, assigns or legatees etc. and the
arbitration clause could be invoked by the appellant
place of arbitration shall be Delhi. The language of the
arbitration shall be English.
(iii) The arbitration 'tribunal's award shall be substantiated ... within the ambit of
arbitration agreement contained therein.
10. It was urged that parties having unequivocally and
unambiguously agreed to arbitration as a dispute resolution
October 27, 2021 and November 06, 2021 denying
existence of any valid arbitration clause and further seeking to
unilaterally close the dispute.
33. Further ... submitted that
the MoU specifically binds the successors / permitted assigns of the
parties under Clause 7 and also, the MoU dated July 10, 2012,
contemplates
third
persons who are not parties to the arbitration agreement or
to the contract containing an arbitration clause and not
claiming under such parties ... character, of
course, if the subject matter of the arbitration agreement is
capable of assignment then the assignee would step into the
shoes
vogue when the work was assigned or
the tender of the petitioner was accepted. The arbitration
agreement as prescribed in Section ... referred to the arbitration under the Arbitration Act, 1940 ,
such incorporation of bill of lading amounts to binding
arbitration agreement between the parties. From
application the petitioners seek to restrain the respondents
from proceeding with the arbitration initiated by the respondents against the
petitioners which is pending before ... Arbitration Act, 1940 against the heirs
of Maheshwari to refer certain disputes to arbitration.
(5) Prior to his death, Mohan Lal Kochar had assigned
