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
assignment of contract.
There is nothing in the Business Transfer Agreement to show that there is
any assignment of Arbitration Agreement to the present petitioner ... from the respondent
before assigning its business to the present petitioner. Furthermore, there
cannot be any assignment of the Arbitration Clause without the express
consent
Allowing the above petition (Arbitration Case No.77 of
2021) under Section 14 of the Arbitration and Conciliation Act,
1996, for terminating the mandate ... Delhi, on 17th May, 2022, and, therefore, cannot
undertake the arbitration assignment. In view of the aforesaid
letter that the matter is placed before this
defined in the Arbitration Act , shall
have the meanings assigned to them in the
Arbitration Act ."
29. From a bare reading of the definition ... defined in the Arbitration Act , shall
have the meanings assigned to them in the Arbitration Act,
1996 .
30. When dispassionately considered, it becomes
abundantly clear
declared that he ―had taken up the
assignment to act as technical expert/advisor in some other arbitration
cases of NHAI, which ... also. Shri
Basant Kumar has disclosed his taking up assignment with the
Respondent in similar arbitration case and he himself had
resigned from acting
cannot appoint his agents for doing the arbitration proceedings it is
therefore directed that all proceedings of arbitration shall be recorded by the Arbitrator ... record evidence himself and shall not assign the work of recording the evidence or
any other work regarding arbitration to his agent or assignee.
With
that there is no dispute as to the existence of the Arbitration
Agreement (Arbitration Clause) and the same would be binding
amongst the parties ... permitted assigns."
30. Undoubtedly, the term "Contractor" would also include
permitted assigns. Therefore, if petitioner no.1 had assigned the
Contract
terms of the arbitration agreement is in doubt, or where the Arbitral Tribunal
appointed in the manner provided in the arbitration agreement has not functioned ... terms of the arbitration agreement is in doubt, or
where the Arbitral Tribunal appointed in the manner provided in the
arbitration agreement has not functioned
