crystallised on or around the said date. The alleged arbitration invocation
notice was issued only on 30.06.2022, well beyond three years from the
date ... Arbitration and Conciliation Act,
1996; further, it does not clearly identify the specific arbitration clause
under which arbitration is sought to be invoked. The particulars
debtor:
a. The counsel submitted that as on the date of invocation of
arbitration and subsequent appointment of the arbitrator, the
appointing authority, that ... applicability
of the 2015 Amendment Act is the date of invocation of
arbitration by way of Section 21 notice.
And, the counsel added, to decide
learned counsel has submitted that the allegation that no notice
of invocation of arbitration was received by the petitioner is factually
incorrect. By its email ... Award, take the plea that it was unaware of the invocation of
arbitration.
The award holders submitted that subsequently, by abundant caution
and in order
contend
that the petitioner cannot justify the unreasonable delay in
invocation of arbitration merely on the grounds of purported
settlement discussions. He argued that ... breaking point, if
any, for invocation of arbitration would be March 11, 2016,
i.e, the date when the final bill was issued
termination of
August 9, 2008 and the petitioner's invocation of the arbitration agreement on
April 3, 2013.
There is no merit ... otherwise, and the named arbitrator is not
available, the invocation of the arbitration agreement will not impede the
continuance of the suit. Similarly
Bihar, the transaction relating to the contract took place at Bihar. Invocation of Arbitration agreement by letter of demand for arbitration was received by respondent ... within the jurisdiction of this court. It was further contended that invocation of Arbitration agreement by letter of demand for Arbitration was issued
notice invoking arbitration had been issued on the misconception that
the supplementary agreement also contained the arbitration clause by
reference. The invocation ... arbitration agreement seeks joinder of a non-signatory
party to the arbitration agreement; and second, where a non-signatory
party itself seeks invocation
said judgment the portion of interest claimed till the date of invocation
of arbitration would also have to be taken into consideration for determining ... Corporation Ltd. (supra),
clarifies that interest claimed till the date of invocation of arbitration would
also have to be taken into consideration for determining
said judgment the portion of interest claimed till the date of invocation
of arbitration would also have to be taken into consideration for determining ... Corporation Ltd. (supra),
clarifies that interest claimed till the date of invocation of arbitration would
also have to be taken into consideration for determining
arbitration agreement contained in the Development
Agreement dated 06.01.2022. The invocation of arbitration is founded
solely on the said Development Agreement, to which Respondent ... arbitration clause contained therein.
In the absence of a clear and unequivocal arbitration agreement binding
Respondent No. 2, no reference to arbitration can be made
