Four Platform Installation Main
Contract").
The said contracts contained arbitration agreements.
BSCL and Mcdermott International Inc. (for short "MII") entered into
Technical ... operation of a fabrication yard. The said agreement
contains a separate arbitration clause between the parties.
However, with regard to the fabrication and installation
SINHA, J :
Interpretation of certain provisions of the Arbitration
Act, 1940 and the Arbitration and Conciliation Act, 1996
(for short ... period of five years.
Admittedly, the said contract contained an arbitration
agreement being clause 20 thereof which is as under :
"In case
filed by the respondent-herein under Sections 30 and 33 of
the Arbitration Act, 1940 questioning an award dated 29.4.2002 passed by
three learned arbitrators ... contract.
An application purported to be under Section 20 of the Arbitration
Act, 1940 was filed by the AWHO before the Delhi High Court which
dated 3.6.1995 passed by the Subordinate Judge, 4th Court, Dhanbad in
Title (Arbitration) Suit No.109 of 1994 was dismissed.
FACTS:
The basic fact ... aforementioned work by
and between the parties. The said contract contained an arbitration
agreement. The said contractual job was not allegedly completed by the
respondent
subject-matter of an objection under Section 30 of the Arbitration
Act, 1940 (hereinafter referred to as 'the Act', for the sake ... respondent, however, rejected the claim on
or about 14.7.1992 whereafter the arbitration agreement was invoked.
The arbitrators entered into a reference
purported to be
in terms of Section 39(1)(i) of the Arbitration Act, 1940 ('the Act'
for short), against an order dated ... passed by the Subordinate
Judge-VI, Ranchi, allowing Arbitration (Misc.) Case No.39 of 1995 filed
by the respondent herein.
The basic fact
notice that sub-section (2) of Section 39 of the Arbitration
Act, 1940 does not contain any non-obstante clause. The said provision
does
SINHA, J :
Leave granted.
Interpretation and application of Section 8 of the Arbitration and
Conciliation Act, 1996 (for short ... plea that the subject-matter of the suit being covered by the
arbitration agreement entered into by and between the parties, it was not
maintainable
notice that sub-section (2) of Section 39 of the Arbitration
Act, 1940 does not contain any non-obstante clause. The said provision
does
SINHA, J :
Leave granted.
Interpretation of an agreement containing a two tier arbitration vis-`-
vis the applicability of Part I or Part ... Arbitration and Conciliation
Act, 1996 (for short, "the 1996 Act") is in question in these appeals which
arise out of a judgment
