arbitration
agreement described under section 7 of the Arbitration Act thus
would have no application to the arbitration agreement assigned in
favour of the petitioner ... agreement dated 16th April, 1997, including the arbitration agreement.
He submits that only a party to the arbitration agreement could invoke
the arbitration agreement
Arbitration Agreement is an agreement within
the agreement. That therefore mere assignment of rights in favour
of Evergreen by Tripartite Assignment Agreement dated 1 April ... clauses of original Management Agreement in the Tripartite
Assignment Agreement. That therefore the Tripartite Assignment
Agreement is a case of 'incorporation
Arbitration Agreement is an agreement within
the agreement. That therefore mere assignment of rights in favour
of Evergreen by Tripartite Assignment Agreement dated 1 April ... clauses of original Management Agreement in the Tripartite
Assignment Agreement. That therefore the Tripartite Assignment
Agreement is a case of 'incorporation
rightly invoked the said arbitration agreement.
The impugned order holding that arbitration agreement was not
assigned in favour of the petitioner shows patent illegality ... arbitration agreement is an agreement within an
agreement. Not every contract or agreement requires an arbitration
clause or agreement. Many contracts go without. An arbitration
arbitration agreement. He may invoke the arbitration
agreement to pursue a claim but will also be subject to
the arbitration agreement in the event ... petitioner has
not invoked arbitration agreement recorded in the
agreement between the petitioner and the successors
but has invoked arbitration agreement recorded in the
contracts
absolute obstructions to law/the arbitration
agreement. Arbitration, thus, could be possible between a
signatory to an arbitration agreement and a third party. Of course ... case where there was no Arbitration Agreement in relation to the suit
transaction. Arbitration Agreement contained in three invoices, which did
not relate
arbitration clause in
the agreement, it is for the court to refer the parties to arbitration in
terms of their arbitration agreement and nothing remains ... defendant
No.2. Both agreements have an arbitration clause. The Franchise
Agreement and the Hotel Operation Agreement were assigned by
virtue of a written agreement
Vidya Drolia v. Durga Trading Corpn. 3 , Interplay between Arbitration
Agreements under the Arbitration & Conciliation Act, 1996 & the Indian
Stamp ... arbitration agreement contained therein. Therefore, on the
date of the invocation no arbitration agreement existed between PNBHFL
and DLF. It is submitted that both assignor
arbitration agreement. Here, the earlier
agreement has been superseded and replaced
by the later agreements save certain specific
parts (not including the arbitration agreement)
which ... entire reasoning on the principle that the assignment of contract would
also amount to assignment of arbitration agreement contained in
contract. However
Association Agreement stands assigned in favour of the
respondent after execution of the Assignment
Agreement; accordingly, post assignment, the Arbitration
Agreement does not fall ... Association Agreement dated
1.1.2009, accordingly the entire arbitration clause as
contained in the Association Agreement becomes a
Arbitration Agreement now between two Indian
Companies
