clause for arbitration, which was Clause 23. But pursuant to the decision taken in that behalf by the Government. Clause 23 was deleted from ... issue of existence and validity of the arbitration clause.
20. Admittedly. Clause 23 which is the arbitration clause exists in the contract entered into between
MPHC-JBP:56227
arbitration clause continued to exists, it even invoked arbitration,
reiterated its stand for referring disputes to arbitration and then
approached the High ... arbitration clause constitutes an
arbitration agreement if the contract is in writing and
the reference is such as to make that arbitration clause
part
Arbitration put
in there in agreement which was deleted from our
revised draft of agreement sent to you in advance.
Arbitration clause will be acceptable ... arbitration clause if arbitration was to
be done in India. But as the original draft submitted on
behalf of the respondent suggested arbitration
inadvertence the said clause could not be
deleted in the agreement dated 07.02.2000. Moreover, Clause 23 was
specifically deleted from the conditions of contract mentioned ... said section. It was further
claimed that Clause 23 of the arbitration clause was already deleted and
the said fact was duly acknowledged and admitted
arbitration clause was not operative and the arbitration clause
continued to exists, it even invoked arbitration, reiterated its stand for referring
disputes to arbitration ... arbitration clause
constitutes an arbitration agreement if the contract is in writing and the
reference is such as to make that arbitration clause part
submits as under :
(a) That clause 25 of the tender document which provided for arbitration
clause was subsequently deleted by consent of both the parties ... ARBITRATION APPLICATION NO. 13
OF 2008.sxw
of the appellant that arbitration clause recorded in the tender document was
deleted by consent, followed para
Superintending Engineer who is the second review petitioner
to have deleted the arbitration clause in the special
conditions of contract which is part ... clause that arbitration shall
not be a means of settlement of disputes or claims. It is
submitted that the existence of the arbitration clause
stand of the respondents is that clause 23 of the Contract which is the arbitration clause stood deleted by Gazette notification in the year ... validity of the Arbitration Clause."
Their Lordships further observed :
"20. Admittedly, Clause 23 which is the arbitration clause exists in the contract entered
petitioner to invoke arbitration clause. In short, it had been conveyed
that only party to the contract can invoke arbitration clause therefore, in
view ... arbitration clause constitutes an arbitration agreement if the
contract is in writing and the reference is such as to make that
arbitration clause part
therefore, decided that the arbitration clause
in the standard specifications should be deleted altogether
and the agreement was to be finalised in respect ... engineering work without any provision for arbitration. It
was also indicated that the instruction for deleting the
arbitration clause should be followed with immediate effect
