mere member of the Consortium (and
not as a leader of the Consortium) cannot invoke the
arbitration clause.
The arbitration clause
20. The relevant portion ... applicant as a member of the Consortium ( and not as a
leader of the Consortium) can invoke the arbitration clause?
Point (a) :
25. Under this
examination of the arbitration agreement and the
parties to such arbitration agreement. Upon such examination, it would be
evident that no arbitration agreement exists between ... expression “person” expressly
includes the Consortium, and therefore it is only the Consortium, which is
a party to the arbitration agreement. The definitions of “contractor
million (equivalent to Rs. 775 crores approximately). In the request for arbitration the Consortium, inter alia, also seeks a declaration that GAIL does not have ... GAIL filed an application under Section 33 of the Arbitration Act, 1940 (for short ' Arbitration Act ') (being Suit No. 1440
differences shall be settled by Arbitration in
accordance with the Rules of Arbitration of
the Indian Council of Arbitration and the
Signature Not Verified
Digitally ... Arbitration (ICA)/
―SCOPE‖ Forum of Conciliation and
Arbitration‖ (SCFA). The venue of
Arbitration shall be New Delhi, India.
Arbitration with Foreign Contractor or in
Consortium
Arbitration according to French Arbitration
Association (association Francaise d'Arbitrage) which
parties declared to accept. Arbitration shall be
conducted in French and Arbitration shall ... present suit
which contains an arbitration clause.
37. The alleged Arbitration clause in the Consortium Agreement
has not been incorporated by reference in any agreement
signing the arbitration agreement for referring the
disputes between the petitioner and the respondents to arbitration. The draft of the
said arbitration agreement was annexed ... arbitration agreement for referring the
disputes between the parties and consortium to the arbitration and
forwarded a draft of the arbitration agreement to the petitioner
party to an
arbitration agreement." The parties to the arbitration
agreement in the present case are clearly the consortium
and BUIDCO ... with a consortium, it is never the intention that
one of the members of the consortium separately invokes the
arbitration agreement. In the present case
members. The
Arbitration Agreement contained in the contracts provide for arbitration
only between the consortium (collectively composed of three parties)
and the appellant ... that the contract was divisible and permitted independent
invocation of arbitration by any consortium member. The Court has also
emphasized the well-established limitations
members. The
Arbitration Agreement contained in the contracts provide for arbitration
only between the consortium (collectively composed of three parties)
and the appellant ... that the contract was divisible and permitted independent
invocation of arbitration by any consortium member. The Court has also
emphasized the well-established limitations
Consortium jointly on the one hand and the
applicant on the other hand and not between the individual
constituents of the Consortium, therefore, the arbitration ... constituents of the
Consortium or against the Consortium as a whole, a plain
reading points to the fact that the arbitration clause can be
invoked
