there was an arbitration agreement between the parties, upon invocation of arbitration clause by the petitioner, respondent did not appoint their nominee arbitrator ... letter was not communicated to the respondent. The respondent contended that invocation of arbitration clause in the year 1989 itself was barred by limitation
said Act could be filed only after there is invocation of arbitration and failure of the respondent to agree to the appointment of an arbitrator ... procedure as per the arbitration clause. Thus, wherever the arbitration clause prescribes the mode and manner of invocation of arbitration, it is that procedure alone
ordinary arbitration agreement by which two persons in a case agree to refer any dispute arising for arbitration.
7. "Arbitration agreement " is defined ... Arbitration Act in the present case is the entire set of arbitration bye-laws in which the specific arbitration clause in Rule 4 is embodied
There is some controversy between the parties whether notice of
invocation of arbitration; Statement of Claims; or copy of the
procedural orders passed ... petitioners. Whilst, the respondent claims that the notice of invocation
of arbitration dated 06.08.2019 under Section
plaintiff
companies and against the defendant No.1 company
that the invocation of arbitration/reference to
arbitration in terms of letter dated ... Notice dated 17.7.2009, whereby the Respondent/Defendant
had made an invocation of arbitration clause. This Notice was
stated to have been dispatched by the Defendant
submitted that the letter dated 4th
September, 1995 was an invocation of the arbitration clause. The
portion of the said letter relied upon by Mishra ... that in the said cases, final bills had been raised and invocation of
arbitration was hopelessly barred by limitation.
21. Having heard the parties
October, 2011 the applicants filed proceedings
under Section 9 of the Arbitration and Conciliation Act (944/11) for interim
measures in this Court ... arbitrator in the proposed arbitration proceedings. It is further stated
that invocation of arbitration under clause 31 of the agreement and all
proceedings thereunder
rightly held that the letter dated 03.10.1994
constitutes a notice for invocation of arbitration. In any event, the
letter dated 14.02.1995 was clearly a letter ... which as aforesaid, accrued in the years 1992-93.
Consequently, the invocation of arbitration on 3.10.94 or at the latest
on 14.2.1995 was well within
crystallised prior to the reference) as a pre-condition to
the invocation of arbitration. That has not been done by the
appellant – NHAI with respect ... Clause 26.2.
12
5.4 It is submitted that Step 3 is “Invocation of arbitration”. It is
submitted that it is only on the failure
converting them into equity shares, but neither
materialised, resulting in the invocation of arbitration.
From some of the e-mails, like the one dated 24th ... barred by the law of limitation as on the date of invocation of arbitration.
18. In the present case, the respondent no.1 had originally
