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
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
made ground to set
aside the award and dismissed the arbitration application
in Arbitration Case No.5/2002.
9. The learned counsel for the appellant ... documents are considered or discussed and without any
9
reasons assigned in the arbitration award and also in the
order passed by the learned Principal
there are only the receivables
which were assigned, the entire Agreement not
having been assigned, the arbitration agreement
cannot be said to have been assigned ... been assigned, and therefore, the
- 10 -
NC: 2025:KHC:53608
CMP No. 250 of 2023
HC-KAR
Petitioner cannot claim assignment of the
Arbitration Clause
Claimant Nos. 1 to 4 in the arbitration
proceedings. Castles Vista is the respondent in the arbitration
proceedings.
5. ISKCON Charities and IHF, being ... will become
competition to Mantri Developers developments.
29.9 The terms regarding arbitration and
assignment mentioned in the agreement are as under:-
"All disputes, claims
through Deed of Agreement
dated 30.08.2008 which contained an arbitration clause
(Clause 31) providing for arbitration as the mode of dispute
resolution, which purportedly transferred ... arbitration agreement governing the dispute. Therefore,
the matter could not be referred to arbitration. The current
dispute arises from a separate agreement involving the
assignment
there is no arbitration contract between the parties muchless there exists any dispute for reference to arbitration and that the arbitration proceedings before the Economic ... subject matter of arbitration proceedings, hence suit is not maintainable.
7. The first defendant paralelly pursued the arbitration proceedings before the Arbitration Court at Prague
unfair and could never have been assigned. In any
event, the so-called reason, in fact assigned, is not
attempted to be demonstrated, let alone ... being a party to the arbitration
agreement in its individual capacity, cannot take
recourse to the arbitration clause in its individual
capacity, or approach this
secured or unsecured, or assigned, or
whether payable under a decree or order of any civil
court or any arbitration award or otherwise or under ... secured or unsecured, or assigned, or
whether payable under a decree or order of any civil court or
any arbitration award or otherwise or under
appellant that
the claim is one and the same to both arbitration proceeding has
been answered by the Court below and there is no scope ... Court below in dismissing the arbitration suits
39
filed by the plaintiff. The reasons assigned by the Sole Arbitrator
while passing the award are found
