respondent (respondent in
the impugned arbitration) proceeded to initiate arbitration proceedings
against the Original respondent (respondent in the impugned arbitration) and
after obtaining illegal interim ... there is illegal invocation of arbitration as entire
arbitration proceedings were non-est and nullity from the point of invocation.
The entire arbitration against
Invocation of Arbitration u/s 21 is mandatory requirement for
initiating arbitration proceedings. Thus, on account of noninvocation
of notice ... petitioner that invocation
of arbitration u/s 21 of the Arbitration Act is mandatory requirement
for initiating arbitration proceedings. Learned counsel has relied upon
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
Clause 12 of the said MoU and issued a notice for invocation of
arbitration dated November 23, 2019 ('Notice of Arbitration', for
short ... 2020 Page 26/56
settle the dispute prior to invocation of arbitration and that in this
case, there is no dispute with Reuters
West Haryana Highways Projects Private ... vs National Highways Authority Of India ... on 7 October, 2020
unresolved disputes between the parties.
5. The respondent Company subsequent to invocation of
arbitration clause by the petitioner addressed a letter dated
November ... same was distinguishable in facts to the extent that
the invocation of arbitration clause was subsequent to the
Amendment Act coming into force and also
arbitration in accordance with the Rules of the Indian
Council of Arbitration (hereinafter "ICA"). The respondent's claims in
the arbitration proceedings ... arbitration would prevail. The ICA Rules in
Rule 15 (ii)(e) provide for the commencement of arbitration on the
day the application for arbitration, registration
shared services. It is further
stated that in the Notice for Invocation of Arbitration dated
February 28, 2018 addressed by the petitioner to respondent ... parties including the O & M Agreement. Further,
the Notice of Invocation of Arbitration dated September 19, 2018
addressed to M/s IWISL, the petitioner
Arbitration, or the Court, on a party having then invoked the
arbitration clause, the matter will have to be referred to arbitration.
4.6 That under ... arbitration agreement and settlement of disputes through
arbitration became crystal clear. The parties obviously had
committed to settle their disputes by arbitration, which they
Nitin
submits that the first objection is that no notice of
invocation of Arbitration was sent by the petitioner to the respondent and
secondly ... Office. It is not understood
as to why the notice for invocation of Arbitration is sent at the wrong
address. Since the address mentioned
