beyond the arbitration agreement.
The contention of the respondent that, the reference is not in accordance
with the arbitration agreement, prima facie does not appear ... whether, there is a compliance with regard to the invocation of arbitration
may be left for the Arbitrator to decide. The merits of the disputes
that the MOU does not contain an arbitration
clause. Third, the contention of Lindsay of the arbitration being beyond the
12 POs is not corroborated ... Letter of
Invocation of 9th December, 2016, clearly tabulated the claims under 12
POs which were being referred to arbitration. The judgment passed
respondent. The agreement contains an arbitration clause
pursuant to which the petitioner sent a letter of invocation on 12th May, 2021
which was received ... parties even before the commencement of
5
the arbitration so that the purpose of the arbitration is not rendered infructuous
question of maintainability of a writ
petition on account of the arbitration clause included in the
agreement between the parties, it is now well established ... down that even when an
arbitration clause exists, such alternative remedy is not an absolute
bar to the invocation of the writ jurisdiction. The constitutional
contains an
arbitration agreement in clause 10.2 of the GCC. The
arbitration proceedings have to be conducted in accordance
with UNCITRAL Arbitration Rules ... says that this is an international commercial
arbitration as defined in Section 2(e) of the Arbitration and
Conciliation Act, 1996 (hereinafter referred
petitioner the respondents sought
reference of the disputes between the parties to arbitration and
nominated their arbitrator. Subsequently, however, the said
arbitrator nominated ... contained
Article 18.1 of the joint venture agreement or the invocation of
the said arbitration agreement by themselves.
The parties herein had agreed that
party to the arbitration agreement cannot be subjected to the
proceeding by petition made under section 9 of Arbitration and Conciliation
Act, 1996. His last ... submit, the arbitration agreement in
the contract renders the reference therefrom to be an international commercial
arbitration. However, seat of arbitration has not been defined
contains an arbitration
agreement in clause 10.2 of the GCC. The arbitration proceedings have to be
conducted in accordance with UNCITRAL Arbitration Rules ... says that this is an international commercial arbitration as
defined in Section 2(e) of the Arbitration and Conciliation Act, 1996
(hereinafter referred
such two arbitrators and
arbitration shall be conducted under and in accordance with the provisions of the
Arbitration and Conciliation Act, 1996 ."
There ... Despite the invocation of the arbitration agreement, the parties failed to appoint
any Arbitrator.
In such circumstances, it would be appropriate to appoint
Court: This is an application under Section 34 of The Arbitration and
Conciliation Act, 1996, for setting aside of an award dated 25th January ... Arbitrator. The ground of challenge is that no notice of
invocation of the arbitration clause was served on the petitioners.
Learned counsel appearing
