show cause notice cannot be
treated as an invocation of Arbitration Agreement. It is stated that the
ARP. P. No.181/2014 & 196/2014 ... which the same shall be settled through arbitration. The
arbitration proceedings shall be governed by the Arbitration &
Conciliation Act, 1996 , or any statutory amendments
commencing
the actual arbitration proceedings. It amounts to abandoning the
arbitration itself. It results in abandonment of the notional 'arbitration
proceeding' that ... previously invoked the same arbitration clause. If the cause of action
for invoking subsequent arbitration has arisen after the invocation of the
first arbitration, then
addressed a notice to
the petitioner styled as "NOTICE OF INVOCATION OF
ARBITRATION AGREMENET AS CONTAINED IN
MEMORANDUM OF UNDERSTANDING DATED 20.12.2019
AND APPOINTMENT ... argued that their
notice dated 21.06.2021 completed the requirements of invocation
of arbitration under section 21 of the Arbitration and Conciliation
days (from the date of issuance of the notice of
invocation of arbitration agreement) had not expired when the present
petition was filed ... 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
concerned. The costs of arbitration shall be
borne by the Party(ies) as determined in the arbitration award. The
arbitration proceedings, at the Lender ... 29th August, 2019, a letter titled "Invocation of
Arbitration/Reference of Dispute for the adjudication" was sent by the
Petitioner to Shri
Sibal submits that the procedure, for invocation of arbitration by the
petitioner has, in fact, not even begun.
34. Mr. Sibal has also pointed ... Petitioner has failed to comply with the
mandatory procedure before invocation of arbitration as per
Clause 26.2 of the Aircraft Charter Agreements. In addition
family.
e. With regard to the sufficiency of the invocation of arbitration by
a communication addressed to Satish alone, Mr. Verma
submitted that the contents ... claimant invoking
the arbitration clause, preceding the reference of disputes to
arbitration, is mandatory. In other words, without such notice,
the arbitration proceedings that
narrow grounds. The first relates to the validity of the
purported invocation of arbitration by the petitioners. While this
affects all the respondents, including Apoorv ... claimant invoking the arbitration
clause, preceding the reference of disputes to arbitration, is
mandatory. In other words, without such notice, the arbitration
proceedings that
arbitrator on behalf of the defaulting party.
20. Following the alleged invocation of arbitration in the year 1989,
no further effective steps were taken ... later, the Plaintiff issued another Notice
dated 10.05.1994 reiterating the earlier invocation of arbitration dated
09.12.1989. In the said Notice, the Plaintiff asserted that despite
before the Arbitrator ought to be
considered as a notice of invocation of arbitration.
5. A bare perusal of the said application indicates that ... March, 2012. Since the only
objection was that the Notice of Invocation of arbitration had not been
given, the petition was disposed of with
