completion or abandonment thereof."
It was interpreted that the clause does not spell out an arbitration agreement.
4. On the other hand, the learned ... whose decision shall be final".
It was interpreted that this clause spells out an arbitration.
5. This judgment was again considered by the Apex
been held that the arbitrator on interpretation of arbitration clause arrive at a conclusion and when such a construction was conceivable and possible, Court ... arbitrator exceeds his jurisdiction. This is not a case of interpretation of an arbitration clause and arriving at a conclusion. This is a clear case
M/S Larsen And Toubro Limited vs M/S Bangalore Metro Rail Corporation ... on 20
arbitration clause did not in law constitute a valid arbitration agreement.
23. It was next argued by learned Government Advocate that even if Clause ... interpreted as an arbitration clause and even when the Department may have acquiesced to the reference, it was only the Chief Engineer in office
therefore clear that before a clause in the contract could be interpreted to be an arbitration agreement, it is not sufficient if the clause stipulates ... that the Court below was in error in interpreting Clause 30 of the agreement as an arbitration agreement between the parties to justify a reference
beyond the limited
ambit of managerial differences contemplated under the
arbitration clause. While interpreting the clause of the
partnership deed, this Court must give effect ... resolution or settlement of partnership
assets to arbitration, nothing prevented them from incorporating
a comprehensive arbitration clause.
12. In view of the restricted wording
counsel for the respondents and perused the papers.
10. Clause 15 which is the arbitration clause, on which
basis all the aforesaid arguments have been ... clause and all the arguments
addressed is only as regards interpretation of the
arbitration clause and not otherwise.
24. In view of the above
tenor of clause 23 of the
agreement, learned counsel appearing for the petitioner
has argued that arbitration clause which is provided is
meant ... developer and the
landlord and there is no meaning to interpret that
arbitration clause should be only between owners in
4
case of dispute. Accordingly
arbitration clause. Therefore, the question to consider by this Court is whether Clause-29 is an arbitration clause or not. In order to answer ... interpret and construe the provisions of Clause-29 of the Agreement. This Court in the appeal cannot undertake the interpretation and construction of Clause
Sethi
ORDER
R.P. Sethi, C.J.
1. Relying upon the Arbitration Clause in the Construction Agreement (Annexure-D), admittedly executed between the Petitioner ... contained in a collateral clause of another agreement.
While interpreting Section 2(a) of the Arbitration Act, 1940, the Supreme Court in Jugal Kishore Rameshwardas
