Chairperson is for taking
assignments outside their duties such as "arbitration
assignment".
3.1 Learned counsel emphatically contended that neither of
the aforesaid Rules ... take assignment post retirement whereas Rule
16 (3) provides for only embargo applicable on alternative
assignment during the tenure of service, i.e. assignment
that consent was the
bedrock of Arbitration, and that Section 7 of the Arbitration Act
required an Arbitration Agreement to be in writing. He pointed ... Assignment was invalid and, alternatively, even assuming the Deed of
Assignment was valid, it did not result in an automatic assignment of
the arbitration clause
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
referred to and finally resolved by arbitration
under the Arbitration and Conciliation Act, 1996 . The arbitration shall be conducted as
follows:
(i) The parties shall ... deed of assignment without any variation. There is also
no term in the deed of assignment which is repugnant to the arbitration clause
contained
settle the
dues to SREI, the company (AIPL) has assigned receivables
under arbitration in favour of SREI Equipment Finance Pvt.
Ltd. Since all the current ... matter of the arbitration. It is
further submitted that even if there is a clause for arbitration in the
agreement (assignment deed) yet no arbitrator
only while accepting the
appointment but must continue throughout the entire arbitration
proceeding until it terminates.
34. In the impugned judgment, the High Court adverted ... ought to have disclosed
such relationship before taking up the assignment of arbitration.
The Court noticed that the Award Debtors raised an omnibus
objection
defined in the Arbitration Act , shall have the meanings
assigned to them in the Arbitration Act ."
15. On the other hand, the Learned counsel ... defined in
the Arbitration Act , shall have the meanings assigned to them in
the Arbitration Act . The word "Party" has been defined
there was BOT agreement and there was Deed of
Assignment and both these agreements contained arbitration clause.
11. While considering challenge to order of rejection ... partners and shall be governed by the
Arbitration and Conciliation Act, 1996 . Clause of arbitration in
agreement sufficiently covers any dispute touching to terms agreed
there was BOT agreement and there was Deed of
Assignment and both these agreements contained arbitration clause.
11. While considering challenge to order of rejection ... partners and shall be governed by the
Arbitration and Conciliation Act, 1996 . Clause of arbitration in
agreement sufficiently covers any dispute touching to terms agreed
there was BOT agreement and there was Deed of
Assignment and both these agreements contained arbitration clause.
11. While considering challenge to order of rejection ... partners and shall be governed by the
Arbitration and Conciliation Act, 1996 . Clause of arbitration in
agreement sufficiently covers any dispute touching to terms agreed
