arbitration agreement;
C. The curial law of the arbitration agreement is India;
D. London, designated as the venue in Clause 18.3 of the draft
IPLA ... Indian Arbitration Act, 1996 the existence of
the arbitration clause in the contract would be treated as an
agreement independent of the contract. Learned senior
pedantic or technical approach while interpreting or construing an arbitration
agreement or arbitration clause. Therefore, when faced with a seemingly
unworkable arbitration clause, it would ... Indian
Arbitration Act, 1996. The object of these two provisions is to avoid failure of the
arbitration agreement or the arbitration clause if contained
thus:
"Clause 25-Law and Arbitration.........
Arbitration / General Average London
English law to apply. See also clause 41
Clause 41- Arbitration
Arbitration in London ... arbitration agreement" means an agreement referred to
in Section 7 ;
17.1 According to the said provision term
"arbitration agreement" means agreement referred
arbitration, it is not necessary to set out the
attributes of an arbitration agreement to make it an
arbitration agreement. But where the clause relating ... arbitration agreement or
contains anything that detracts from an arbitration
agreement, it will not be an arbitration agreement. For
example, where an agreement requires
agreement or in the second agreement. It is
true that as per clause 10 of the second agreement, said second agreement
being facility agreement ... same property did not contain any arbitration clause and that
the arbitration clause of the first agreement was not referable to the second
agreement.
Admittedly
arbitration agreement or
contains anything that detracts from an
arbitration agreement, it will not be an
arbitration agreement. For example, where
an agreement requires ... consensus before a
reference to arbitration, is not an
arbitration agreement, but an agreement to
enter into an arbitration agreement in
future.”
(Emphasis supplied
arbitration agreement;
C. The curial law of the arbitration agreement is India;
D. London, designated as the venue in Clause 18.3 of the draft
IPLA ... Indian Arbitration Act, 1996 the existence of
the arbitration clause in the contract would be treated as an
agreement independent of the contract. Learned senior
pedantic or technical approach while interpreting or construing an arbitration
agreement or arbitration clause. Therefore, when faced with a seemingly
unworkable arbitration clause, it would ... Indian
Arbitration Act, 1996. The object of these two provisions is to avoid failure of the
arbitration agreement or the arbitration clause if contained
execute the Concession Agreement that does not
ipso facto disentitle him to enter into an Arbitration
Agreement. Thus, the arbitration agreement clause remains
unaffected ... arbitration agreement. Sub-
section (2) of Section 7 prescribes that an arbitration
agreement may be in the form of an arbitration clause in a
contract
contain an arbitration clause, disputes
arising therefrom are to be referred to arbitration in view of a broad
arbitration clause contained ... licence agreement did not contain any
such arbitration clause. The arbitration clause contained in the principal
agreement in Clause 30 has been reproduced above