under Section 11 of the Arbitration and Conciliation Act,
when there is evidence to show that the arbitration invocation notice
dated 29.12.2022 was received ... petition
under Section 11 of the Arbitration and Conciliation Act, 1996. The
petitioner categorically contends that the arbitration invocation notice
dated 29.12.2022 was duly received
that the applicants have not complied with the prerequisite condition
for invocation of arbitration.
17. It is contended that the applicants are seeking appointment ... upon the purported disputes without
adhering to the proper procedure for invocation of arbitration, as
prescribed under the arbitration agreement between the parties
show cause notice cannot be
treated as an invocation of Arbitration Agreement. It is stated that the
ARP. P. No.181/2014 & 196/2014 ... which the same shall be settled through arbitration. The
arbitration proceedings shall be governed by the Arbitration &
Conciliation Act, 1996 , or any statutory amendments
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
petitioner that Clause 26 of the
SCC, specifically provides for invocation of arbitration at New Delhi,
hence, this Court has jurisdiction to try and adjudicate ... instant matter, the primary contention of the respondent
while objecting to invocation of arbitration proceedings and appointing
an arbitrator, is that the petitioner had issued
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
issues have been mainly raised by the
petitioner, which necessitated the invocation of Arbitration clause
wherein, the very first issue, according to the petitioner ... between the parties, whether the petitioner has got any right for
invocation of Arbitration clause, itself is questionable. Such an
invocation of Arbitration clause therefore
disputes to
binding arbitration in accordance with the Arbitration and
Conciliation Act, 1996 , as amended.
21.3 Arbitration
......
(ii) the arbitration shall be conducted in English ... Counsel for the respondent, however, referred the
reply to notice of invocation of arbitration issued by the petitioner. In
reply dated 25th March
Arbitration policy of the Company (as
applicable on the date of invocation).
(b) Arbitration can be invoked by giving
invocation Notice only after expiry ... amount or claim in Indian
Rupees to be referred to the Arbitration
("Invocation Notice").
(c) The seat of Arbitration shall be
Vadodara, Gujarat
