Moreover, when the ICA refused to take note of the invocation of
arbitration by both the parties on the ground that the Maritime Rules
have ... under the Arbitration Act, 1940 and also under the
Arbitration & Conciliation Act, 1996 , what is of relevance is the date of
invocation
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
been returned, no dispute between the parties survives and
so, the invocation of arbitration Clause 26.03 is untenable.
9. Further, vide letter dated 08.03.2021, petitioner ... bare reading of aforesaid Clause 26.3.1 shows that upon invocation
of arbitration by either party, the proceedings shall be conducted in
ARB.P. 450/2021
issued a notice dated 17th February, 2015 through
their counsel for invocation of arbitration clause which was duly served on
the respondent on 19th February ... 22nd May, 2012 till the notice dated
17th February, 2015 for invocation of arbitration clause of the agreement in
question which clearly suggests that
rejected by the Chief Engineer on 15th December 1997. The invocation of arbitration was by a letter dated 21st October, 1999. The invocation to arbitration ... present case, interest has been awarded only with effect from the invocation of arbitration. In the letter dated 21st October, 1999, the respondent specifically included
arbitration under the Arbitration Act, 1940 , the Division Bench did not find any
reason to interfere with the dismissal of the Arbitration Suit ... issue whether the invocation of Clause
96 is a pre-condition for invocation of Clause 97 to proceed to arbitration was
not in contention
that the DRB had become redundant justifying KCT‟s
resort to invocation of arbitration, is as follows. The rider in Clause
60.0 of GCC that ... also stated to be evident from the
notice for invocation of arbitration dated 05.05.2011 sent by KCT to
THDC in the matter
therefore, the petitioner invoked the
arbitration clause under the Arbitration and Conciliation Act, 1996 (hereinafter
referred to as ' Arbitration Act '), suggested two names ... counter affidavit. Perusal of the show cause notice discloses that invocation of
arbitration clause before the High Court was one of the many grounds
monies.
20. She stated that, in reply to the notice of invocation of
arbitration dated November 25, 2021, the petitioner, at first, issued an
Signature ... that the petitioner has not been formally issued a
Notice of Invocation of Arbitration under Clause 13.2, contained in the
Signature Not Verified
Digitally Signed
arbitration shall be Mumbai, India. The language of the
arbitration shall be English."
15. The respondent has not disputed the arbitration agreement. Also ... arbitration
agreement has not consented or agreed to the reference of the dispute to
arbitration after receipt of the invocation notice.
18. The only opposition
