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
Authority by
observing in the course of the order that the invocation of
arbitration in a case like this seems to be justified ... coming to a judicial
conclusion that a default has occurred. The invocation of
arbitration in a case like this seems to be justified.
5.15 Looking
thereof,
shall be settled by arbitration in accordance with the rules of
arbitration of the Delhi High Court Arbitration Centre and
the award made ... Contract that the
Party invoking arbitration shall specify all disputes to be
referred to arbitration at the time of invocation of arbitration
and not thereafter
appointed within 30 days of the receipt of letter of invocation
of arbitration duly satisfying the requirements of this clause.
ii) If the arbitrator ... appointed within 30 days of the receipt of
letter of invocation of arbitration duly satisfying the requirements of this
clause. It is under such circumstances
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
followed and as per Clause-10.1 of the
Agreement, invocation of arbitration without any outcome of conciliation,
the present petition is premature and liable ... this Court in Alupro Building Systems (Supra )to submit that
invocation of arbitration without issuing notice under Section
Claim, includes a claim of interest till the date of
invocation of arbitration, the same is required to be added in the
„Aggregate Value ... natural meaning of including interest claimed till the date of
invocation of arbitration. There is no doubt to the proposition that
where in relation
contended that reference to the commercial arbitration petition and
invocation of arbitration by defendant no.9-Sumer Builders is of no
consequence. The reliance placed
issued to the respondent terminating the sales
contracts. Further, an arbitration invocation notice was sent to the
respondent through letter dated 11.6.2020 and the name ... respondent neither nominated their arbitrator
nor responded to the said arbitration invocation notice. Hence, on
05.8.2020, the Federation of Oils, Seeds and Fats Association (FOSFA
