addressed a notice to
the petitioner styled as "NOTICE OF INVOCATION OF
ARBITRATION AGREMENET AS CONTAINED IN
MEMORANDUM OF UNDERSTANDING DATED 20.12.2019
AND APPOINTMENT ... argued that their
notice dated 21.06.2021 completed the requirements of invocation
of arbitration under section 21 of the Arbitration and Conciliation
failure of mediation as aforesaid, the petitioner sent notice for
invocation of arbitration to the respondent on 24.11.2022. Vide the notice, the
petitioner called upon ... mutually agreed upon procedure in response to notice for invocation of
arbitration.
B. SUBMISSIONS ON BEHALF OF THE PETITIONER
25. Mr. R. Sathish, the learned
limitation, as the law in
this regard i.e. for invocation of arbitration, is clear as laid down
in Rahul Jain and Others v. Atul ... without the notice
invoking arbitration under Section 21 of the Arbitration Act, the
petition under Section 11(6) of the Arbitration Act would
decision of the IRC and invoked
arbitration. It is the Petitioners contention that the Respondent in its
arbitration invocation notice did not specify the policy ... Civil
Court.
21. Mr. Jagtiani has submitted that even in the arbitration
invocation notice dated 7th July, 2021, the Respondent contends that
decision of the IRC and invoked
arbitration. It is the Petitioners contention that the Respondent in its
arbitration invocation notice did not specify the policy ... Civil
Court.
21. Mr. Jagtiani has submitted that even in the arbitration
invocation notice dated 7th July, 2021, the Respondent contends that
relevance of invocation. In a nutshell, the Learned Single
Judge highlighted the following purposes behind the necessity for
invocation:-
A) Invocation puts the adversary ... that the manner of
purported invocation was no invocation at all. In sharp contrast, in the
instant case, the invocation on 3rd November
arbitration clause constitutes an arbitration agreement
if the contract is in writing and the reference is such as to
make that arbitration clause part ... December, 2023 would be invocation qua the five
contracts, the reply dated 4th January, 2024 would be an invocation of
arbitration for the remaining four
this alleged last
invoice dated 07.03.2013 was to be considered, invocation of
arbitration was yet much after three years.
11. With regard to the alleged ... court proceedings or arbitration.
Arbitration was invoked only vide letter dated 28.11.2016. By
virtue of letter dated 28.11.2016, claimant invoked arbitration
OMP (Comm
payment has been made by
the petitioner, therefore vide arbitration invocation letter dated
12.07.2021, Respondent bank proposed ... name of the arbitrator
for commencement of the arbitration proceedings, however
despite receiving of the arbitration invocation letter dated
12.07.2021 no objection has been raised
payment has been made by
the petitioner, therefore vide arbitration invocation letter dated
12.07.2021, Respondent bank proposed ... name of the arbitrator
for commencement of the arbitration proceedings, however
despite receiving of the arbitration invocation letter dated
12.07.2021 no objection has been raised
