Arbitration Act 1940 (Act X of 1940 ) section 16(1)(c) ,
30 and 33 .
Arbitration- Works Contract-Construction of Building
Dock and Repair Dock-Reference ... would be covered by the arbitration clause.
Whether upon its true construction the arbitration clause
would include within its compass the dispute thus raised
between
referred
to and finally resolved by arbitration in Kolkata in
accordance with the arbitration Rules of the
Construction Industry Arbitration Council (“CIAC
Arbitration Rules ... agreements between the parties containing arbitration
clause. They referred the matter to arbitration in terms
of the said arbitration clause to resolve payment related
dispute
been expressly or impliedly imported
into the construction agreement On the other hand, construction
agreement expressly excludes arbitration clause from the tender
document. The respondent ... implied merged into the construction agreement.
On the other
hand, the construction agi cement expressly excludes
the arbitration
clause from the tender document. The construction
A. Ayyasamy vs A. Paramasivam & Ors on 4 October, 2016
Equivalent citations: AIR 2016
arbitration, even though
the appellant was not a party to the arbitration agreement contained in
clause (7) of the construction agreement dated ... construction agreement dated
21.2.2008. The appellant was not a party to the said construction agreement
dated 21.2.2008 containing the arbitration agreement. It is no doubt
contract, and hence, far from putting an end to the arbitration clause, they fall within the purview of it. It was not a case where ... receipts are passed in full and final settlement of the contract, the arbitration clause would still survive is not correct.
In Union of India
consider the question whether such a clause is an
arbitration agreement in Mysore Construction Company Vs. Karnataka Power
Corporation ... issued by the competent authority, the appellant completed the
construction. Thereafter, he invoked the arbitration clause for resolution
of the disputes which arose from
even with regard to the
scope ambit width and the
construction of the arbitration
clause so as to define its
parameters and contours with ... would be
covered by the arbitration clause.
Whether upon its true construction
the arbitration clause would
include within its compass the
dispute thus raised between
would be
covered by the arbitration clause.
Whether upon its true construction
the arbitration clause would
include within its compass the
dispute thus raised between ... point out that
the parties specifically referred
the question of construction of
arbitration agreement, its width,
ambit and parameters vis-a-vis the
dispute raised
within its scope, any dispute "touching the construction of" the contract which contained the arbitration agreement, the court could not decide but would ... dispute and what dispute the arbitration clause covers. In the instant case, the widely worded arbitration agreement covered within its ambit or scope the arbitrability
