that the applicants have not complied with the prerequisite condition
for invocation of arbitration.
17. It is contended that the applicants are seeking appointment ... upon the purported disputes without
adhering to the proper procedure for invocation of arbitration, as
prescribed under the arbitration agreement between the parties
issues have been mainly raised by the
petitioner, which necessitated the invocation of Arbitration clause
wherein, the very first issue, according to the petitioner ... between the parties, whether the petitioner has got any right for
invocation of Arbitration clause, itself is questionable. Such an
invocation of Arbitration clause therefore
diverse reliefs which read as under:-
(a) that pending the arbitration/invocation of arbitration
proceedings and till the implementation of Arbitration Award, this ... Completion Certificate in a time bound
manner.
(b) that pending the arbitration /invocation of arbitration
proceedings and till the implementation of Arbitration Award, the
Respondents
that the arbitration clause has not
been properly invoked. It is submitted that arbitration clause
is a twotier clause. Before the arbitration clause could ... disputes amicably. Since this stage has not been
reached, the invocation of Arbitration Clause is void ab
initio. In this regard, the learned Senior Counsel
Maharashtra State Electricity ... vs Godrej And Boyce Manufacturing Company ... on 6 November, 2019
Equivalent citations
Respondent failed to appoint the Arbitrator within 30 days of invocation of
the Arbitration agreement, its right of appointment stood forfeited. Petitioner
also contends that ... whether a clause is unfair or
unreasonable. If the invocation of Arbitration Clause is as per the terms of
agreement between the parties it would
commencement of arbitration proceedings in its entirety and furthermore
averred that invocation of arbitration proceedings by Glencore at that juncture
was "void ... arbitration
proceedings in its entirety and alluded to the fact that invocation of arbitration
proceedings was void as the process of mutual talks
referred to above, all other decisions arose out of matters where invocation of arbitration was before the Amendment Act came into force. Voestalpine Schienen GMBH ... which was brought in by Amendment Act) in a matter where invocation for arbitration was after the Amendment Act had come into force
Contractor treated letter dated
9th December, 1989 as the first invocation of arbitration. The letter dated 10th
May, 1994 was a reiteration of the first ... letter
of invocation. The non-receipt of the first invocation letter by NTPC may
have an effect on deciding whether the Arbitration clause was properly
July, 2012 to 27th November, 2012. The respondent
had invoked the arbitration agreement on 4th April, 2016, which date would
be the date when ... respondent. He submits that even if the said date of invocation of
arbitration agreement by the respondent is considered as the date of
commencement
