court for invoking the
arbitration application and for commencement of arbitration proceedings.
Sub- section 2 of Section 43 of the Arbitration Act lays down that ... invoking the arbitration clause. That application is for
appointment of arbitrator, after invoking the arbitration clause.
Invocation of the arbitration clause precedes an application under
amendment
was made after four years of the date of invocation of Arbitration
Agreement. He submits that the said application for the amendment itself
could ... affidavit dated 14 th February, 2014, had
recognized the notice of invocation of Arbitration Agreement dated 14 th
February, 2002, which has reference
Petitioner, did not raise any
objection to the invocation of the arbitration proceedings
however suggested that the Respondent shall not opt for a
Sole Arbitrator ... letter
dated 18.02.2022, did not object to the invocation of the arbitration,
however, it only objected to the appointment of a sole arbitrator
falling much prior to the three years of
date of invocation of the arbitration agreement. He submit that there was no
acknowledgment of liability ... were exchanged within three years preceding the date of the invocation of
the arbitration proceedings on 17th December, 1999, the claims of the claimant
were
failure
of the amicable dispute resolution procedure and thus, invocation of the
arbitration was within the period of limitation. However, the learned
Single Judge rejected ... reference to Chief Executive as a pre-condition
to invocation of the arbitration but an attempt to amicably resolve the
disputes. It is apparent that
necessarily wait for the expiry of 30 days period after invocation of arbitration clause, so as to approach the Chief Justice or his designate ... Arbitration and Conciliation Act.
7. Let it be judged from a different angle. Arbitration clause is admitted in agreement. The party invokes the said arbitration
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
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
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
agreement between the Petitioners and the 1st Respondent and that the invocating of arbitration pursuant to the arbitration clause contained in the Agreements. Exhibits ... expiration of period of three years from 11th December, 1988. Invocation of arbitration in respect of any claim of the 1st Respondent against the Petitioners
