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M/S Caravel Shipping Services Pvt. Ltd. vs M/S Premier Sea Foods Exim Pvt. Ltd. on 29 October, 2018
cites
The Multimodal Transportation of Goods Act, 1993
Article 227 in Constitution of India [Constitution]
The Arbitration Act, 1940
M.R. Engineers & Contractors Pvt. Ltd vs Som Datt Builders Ltd on 7 July, 2009
10) This being the case, the present is a clear case where,
under Section 7(5) of the Act read with M.R. Engineers and
Contractors Pvt. Ltd. (supra) (paras 22 & 24), the reference
in the Bill of Lading is such as to make the arbitration
clause part of the contract between the parties.
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 26 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
Section 8 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Jugal Kishore Rameshwardas vs Mrs. Goolbai Hormusji on 4 October, 1955
9) In addition, we may indicate that the law in this behalf,
in Jugal Kishore Rameshwardas vs. Mrs. Goolbai Hormusji, AIR
1955 SC 812, is that an arbitration agreement needs to be in
writing though it need not be signed. The fact that the
arbitration agreement shall be in writing is continued in the
1996 Act in Section 7(3) thereof. Section 7(4) only further
adds that an arbitration agreement would be found in the
circumstances mentioned in the three sub-clauses that make up
Section 7(4). This does not mean that in all cases an
arbitration agreement needs to be signed. The only pre-
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