have always held it to be assignable by its very nature. If a contract
is assignable, the arbitration clause contained in it does not make ... objection to assignment
of the contract; and any such assignment would clearly have the effect of
assignment of the arbitration clause contained in the contract
this Court has no
6
hesitation to hold that the arbitration clause was assignable to the
applicant company on the basis of this MOU only ... Online 11918, the Delhi High Court
has held that the arbitration clause is not assignable except under
certain circumstances where it is specifically assigned. This
BBlunt brand in any manner whatsoever, irrespective of
pendency of such arbitration or litigation proceedings
before any arbitrator, court, adjudicating authority."
6. There ... minute suggest that the arbitrator
is bound to accept the arbitration assignment if he is unwilling. The
agreement before the learned Sole Arbitrator for lower
JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION PETITION NO.557 OF 2018
Slum Rehabilitation Authority ] Petitioner ... order passed by the
Hon'ble the Chief Justice assigning Arbitration Petition to Hon'ble Mr. Justice
G.S. Kulkarni is brought
JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMM ARBITRATION APPLICATION NO. 405 OF 2019
Bharat Petroleum Corporation Limited ...Applicant
Versus ... Judge of Kerala High Court
is unavailable to take up the arbitration assignment. For this reason,
his name is substituted with the name
order dated
29.10.2018 passed by the Sole Arbitrator. As per the assignment all
Arbitration matters are assigned to the Court presided over
arbitration
award by the sole arbitrator to arrive for the conclusion to
allow the arbitration petition. Perused the reasons assigned by
the arbitration award ... with the reasons assigned by the sole
7 A.S.No.157/2015
arbitrator to arrive for the conclusion in the arbitration award.
There
that as it may, the
nomenclature ' Original Petition' is being assigned by Registry to proceedings
under Section ... pertaining to the
arbitration proceedings before him, which has been assigned the
number Arbitration No. 1 of 2016, BETWEEN/ IN THE MATTER
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 ... afore-discussed.
* * *
102. Joinder of non-signatory parties to arbitration is not
unknown to the arbitration jurisprudence. Even the ICCA's
Guide
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 ... afore-discussed.
.....
102. Joinder of non-signatory parties to arbitration is not
unknown to the arbitration jurisprudence. Even the ICCA's
Guide
