first record here, this arbitration clause 35 is different than
the arbitration clause XVI in the present case. Clause 35 does neither
contain that ... words in the arbitration clause. Once parties clearly intends which
could be culled out from the arbitration clause that the appointment of the
third arbitrator
within the arbitration clause which show that the
parties intended to be governed only by the Indian Arbitration
Act, 1996 . The clause uses the word ... essential elements of the
arbitration are present, clumsy drafting will not make any difference in
interpretation of the Arbitration clause.
53. The next submission
other decisions,
analysed the arbitration clause and held:-
“45. Coming to the stipulations in the present
arbitration clause, it is clear as day that ... interpret the clause that it is a
proper clause or substantial clause and not a curial
or a procedural one by which the arbitration
proceedings
binding on the contractor.”
Interpreting the said clause, the Court opined thus:-
“Admittedly the clause does not contain any express arbitration
agreement. Nor can such ... conjunction with clause 4.1, clearly establishes that there is no
arbitration clause in the agreement. The clauses which were
interpreted to be arbitration clauses
arbitration. The appellant sought reference of its disputes with the respondent/company for adjudication through the arbitration in accordance with arbitration clause in the alleged ... arbitration clause in NIT was itself a dispute which deserved to be referred to the Arbitral Tribunal in accordance with the arbitration clause. Section
Arbitration clause is necessary to support this conclusion. Now who is to appoint an Arbitrator under this Arbitration clause? That Arbitration clause expressly says ... ambit of the Arbitration Clause. It is contended before me on behalf of the applicant that the Arbitration Clause in this case in the Fire
rates was kept outside the purview of the Arbitration Clause, on the contrary the Arbitration Clause makes it clear that the Arbitrator would be entitled ... parties, was covered by the Arbitration Clause and could be adjudicated upon by the Arbitrator.
29.19. The Arbitration Clause, which was under consideration before
agreement and the arbitration clause contained therein disputes regarding the interpretation of the arbitration clause
in the contract are within the purview of the arbitrator ... been held that a dispute as to the interpretation of the arbitration clause is one within the purview of the arbitrator. The Division Bench
terms of the agreement, the arbitration clause
would ex facie become applicable.
Whether a dispute falls within an arbitration clause in a
contract, as Viscound ... dispute and what disputes the arbitration clause covers. In
Heymans case (D) the arbitration clause was comprehensive and
covered the dispute between the parties
clause that
provides for the disputes to be submitted to SIAC would not render the
entire arbitration agreement (arbitration clause) void. In Enercon (India ... arbitration
clause would have to be addressed in accordance with the laws applicable
in Singapore. Thus, if according to Singapore Law, the arbitration clause
