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
Invocation of Arbitration u/s 21 is mandatory requirement for
initiating arbitration proceedings. Thus, on account of noninvocation
of notice ... petitioner that invocation
of arbitration u/s 21 of the Arbitration Act is mandatory requirement
for initiating arbitration proceedings. Learned counsel has relied upon
August, 1996 had no relevance for reckoning any limitation period for invoking
arbitration. This in my view is a finding of fact not amenable ... clauses 26 and 27. Significantly, this was well
after the invocation of arbitration by the respondent on 11th November, 2007 and thus
claim and inform accordingly in the year 2003 only. The invocation of arbitration thereafter, in the facts and circumstances of the case in December ... part. The claim was made for damages prior to invocation of arbitration. Once such a claim was made prior to invocation, it became a dispute
behalf of GMR Energy,
learned counsel for Doosan India submits that invocation of arbitration
against the alter ego of a signatory is a well recognized ... issue
of alter ego or return a finding? (v) Whether the invocation of arbitration
against GMR Energy is contrary to Rule 7 of the SIAC
failure
of the amicable dispute resolution procedure and thus, invocation of the
arbitration was within the period of limitation. However, the learned
Single Judge rejected ... reference to Chief Executive as a pre-condition
to invocation of the arbitration but an attempt to amicably resolve the
disputes. It is apparent that
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
there was an arbitration agreement between the parties, upon invocation of arbitration clause by the petitioner, respondent did not appoint their nominee arbitrator ... letter was not communicated to the respondent. The respondent contended that invocation of arbitration clause in the year 1989 itself was barred by limitation
ordinary arbitration agreement by which two persons in a case agree to refer any dispute arising for arbitration.
7. "Arbitration agreement " is defined ... Arbitration Act in the present case is the entire set of arbitration bye-laws in which the specific arbitration clause in Rule 4 is embodied
said panel as sole arbitrator. However, even after the invocation of the arbitration clause on 17th July, 1999, the same was not done ... appointment of a sole arbitrator within thirty days after invocation of the arbitration clause. Having not done so, the respondent could not have appointed respondent
