Commercial
Court has completely ignored the binding effect of the amended
arbitration clause dated 03.03.2006, which expressly superseded the
original contract and unequivocally conferred exclusive ... arbitration clause: invoking Section 20(1) of the Arbitration and
Conciliation Act, 1996, they stipulated a sole arbitrator and fixed the
juridical seat of arbitration
neutrality of arbitrators”, and observed that if the arbitration clause
finds foul with the amended provisions, the appointment of the
Arbitrator even if apparently ... arbitrator. In
such an eventuality i.e. when the arbitration clause finds
foul with the amended provisions extracted above, the
appointment of an arbitrator would
arbitrator to give reasons as spelled out by the arbitration clause. The
judgment of the learned Single Judge does not show such a plea having ... contract
between the parties and that in view of the amended arbitration clause the
unreasoned award was bad. It appears that the plea
dated 4.9.1986 and any award given in breach of the arbitration clause as amended should be held as void.
8. A plain reading ... contract between the parties and that in view of the amended arbitration clause the unreasoned award was bad.
It appears that the plea
Arbitration Clause is found in Schedule 12.11. Clause (b) of the said
Schedule is the Arbitration Clause. The relevant portion of the said
Arbitration Clause ... provision of the Arbitration and
Conciliation Act, 1996 (of India), as amended (the " Arbitration Act ")."
By the Arbitration Clause, in the instant
argued that the learned
Company Judge ought to have amended the arbitration clause in the MoU
also, and without the same, the amendment ... learned Company
Judge has left the arbitration clause in the MoU untouched--if the
arbitration clause in the Scheme in view of the changed circumstances
accordance with the terms of Indian Arbitration and
Conciliation Act,1996 (as amended by the Arbitration and
Conciliation(Amendment) Act, 2015]. The language used ... Arbitrator appointed by
each party as per Arbitration and Conciliation Act, 1996 [as
amended by the Arbitration and Conciliation (Amendment)
Act, 2015 ] The arbitral award
provisions of the Arbitration Act . The venue of
such arbitration shall be Delhi, and the language of
arbitration proceedings shall be English.
44.3.2. There shall ... Centre for Alternate Dispute Resolution, but the
supplementary agreement bearing the amended arbitration clause shows the
parties' conscious decision to depart therefrom by specifically
Arbitration Proceedings under
this Clause. Referring to the said Clause 64[7], Learned
Senior Counsel submitted that by virtue of Section 26 of
the Amended ... Amendment Act has come into force:-
If the arbitration clause finds foul with the
amended provisions, the appointment of the
Arbitrator even if apparently
Agreement were amended/revised, including the
Arbitration Clause.
d. The amended Arbitration Clause read as follows:-
"If any dispute, difference or question shall ... parties. "The Arbitration proceedings shall be held in
accordance with the provision of the Arbitration and
Conciliation Act, 1996 , as amended from time
