referred to
and finally resolved by Arbitration
under the Rules of Arbitration of Indian
Council of Arbitration (the "ICA Rules")
as amended ... arbitrator having been rejected by the ICA, a
second application for invocation of Arbitration
by the present application under Section
final and binding arbitration
in accordance with following clauses: The
arbitration proceedings shall be conducted in
accordance with the Arbitration and
Conciliation ... leading to the
termination of this Agreement or giving rise to
invocation of arbitration proceedings under
this Section, shall not be construed
said GCC, which is an
Arbitration clause reads as under:-
"63. ARBITRATION: Except as
otherwise provided elsewhere in the
contract, if any dispute, difference ... contract that the party invoking
arbitration shall specify all disputes to be
referred to arbitration at the time of
invocation of arbitration and not
thereafter
Arbitration and Conciliation Act, 1996, praying
to: (i) Exercise its jurisdiction and power under Section 11(6)
of the Arbitration and Conciliation ... Court made the following:
ORDER
The petitioner is seeking for invocation of
arbitration clause for resolution of dispute as contained
in the Memorandum of Agreement
This Civil Miscellaneous Petition is filed under Section
11(5) of the Arbitration and Conciliation Act, 1996, praying
to appoint an Arbitrator to adjudicate ... response. The said notices
detail the dispute and seek invocation of arbitration
clause suggesting the name of Sri.B.S.Reddy, Retired
District Judge
this Court to ascertain as
to whether a dispute capable of arbitration subsists
between the parties. That the petitioner itself has issued
notices proclaiming termination ... agreement, that
can be invocation of clause pertaining to settlement of
disputes by way of arbitration. That the nature of the
MOU precludes the petitioner
execute the
sale deed, a dispute had arisen requiring invocation of
the arbitration Clause No.15 of 'agreement to sell' and to
refer
that the said agreement is covered by an
Arbitration clause, which reads as under:
"ARBITRATION:- It is agreed by both the
parties that ... Mantagani, learned counsel for
the respondent would submit that the invocation of
the arbitration and filing of the present petition is
beyond the period
purview of the departmental person as per Arbitration
Clause 64(1) of GCC - Demand for Arbitration @ serial
No.22.3 page 20 of the Agreement ... Court made the following:
ORDER
The petitioner has sought for invocation of the
arbitration clause in the document at Annexure-C in
connection with entrustment
further submitted that the petitioner had
sought to invoke the arbitration clause and has
4
proposed the name of an Arbitrator, to which the
respondent ... case is made out for invocation of
Clause 7 of the 'Agreement for Lease-cum-Sale' seeking
arbitration. Hence, a case is made
