three claims, the
Arbitral Tribunal has already been constituted pursuant to invocation of
Arbitration Clause by the petitioner. The petitioner had nominated its
Arbitrator ... cannot be held that once
the arbitration clause is invoked the remedy of arbitration is no
longer available in regard to other disputes that might
vide its letter dated 17th August, 2016
objected to the invocation of the arbitration and the
appointment of said Mr. Naniwadekar as the Sole
Arbitrator ... contract,
namely the Petitioner in the present case; and
(ii) the invocation of arbitration in the present case
is premature as the Petitioner
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
Respondent failed to appoint the Arbitrator within 30 days of invocation of
the Arbitration agreement, its right of appointment stood forfeited. Petitioner
also contends that ... whether a clause is unfair or
unreasonable. If the invocation of Arbitration Clause is as per the terms of
agreement between the parties it would
M/S Apr Constructions Ltd. vs Union Of India Rep By on 23 August, 2018
High
25 Crore Court/Supreme Court Judges
(a) In case of invocation of arbitration by POWERGRID,
POWERGRID shall, within 30 days, send a list ... such appointed Arbitrator for further
arbitration proceedings.
(b) In case of invocation of arbitration by the Contractor, the
Contractor shall request POWERGRID for its database
date of
issuance of the notice of dissatisfaction and invocation of arbitration on
31.01.2020, the Respondent No.1-SJVNL had failed to file its pleadings ... Arbitration Notice) of dissatisfaction and invocation of
arbitration to respondent No.1-SJVNL for claim Nos.37 to 40 under
Clause 20.4 read with Clause
respondent nos. 3 and 4 and the appellants
invoking the arbitration (Invocation Notice) under clause 16 of
::: Uploaded on - 13/02/2019 ::: Downloaded ... Communication dated 30 April 2018, a notice for
invocation of arbitration in respect of appointment of
Arbitrator pursuant to clause 16 of the shareholders agreement
invoked and according to the applicants, they
were not intimated about invocation of arbitration, the applicants
have questioned the commencement of arbitration proceedings,
which according ... ARBAPL 26495-96.doc
initiation of proceedings without invocation of arbitration, as
contemplated u/s.21 of the Arbitration and Conciliation Act, he
has recorded
petitioner to the respondent captioned as „legal notice for
invocation of arbitration‟. In the said notice, the gist of disputes that have
arisen between ... Since the petitioner was not agreeable to
resolution through conciliation, the Invocation of Arbitration cannot be
held to be in non-compliance of mechanism agreed
