Joint Venture agreement.
11. Thereafter, the Joint Venture company was got incorporated with
50% stakes of both the parties. As per the Joint Venture Agreement ... only Joint Venture company which could raise the
dispute and had it been raised by the Joint Venture company, even the
Joint Venture company could
this. The plaintiffs oppose arbitration on the ground that the Arbitration clause forming part of the Joint Venture Agreement is null and void, inoperative ... their remedies through International Commercial Arbitration.
5. The arbitration clause, which forms part of the Joint Venture Agreement, reads as follows:-
22.DISPUTE RESOULTION
parties
or under the Joint Venture Agreement allowing the respondent to even
file arbitral proceedings. He submits that joint venture is in nature of
partnership ... agreement
entered into by the joint venture partners shall be submitted with the bid.
The joint venture agreement should indicate precisely the responsibility
of each
parties
or under the Joint Venture Agreement allowing the respondent to even
file arbitral proceedings. He submits that joint venture is in nature of
partnership ... agreement
entered into by the joint venture partners shall be submitted with the bid.
The joint venture agreement should indicate precisely the responsibility
of each
joint venture company formed and incorporated in pursuance of the joint venture agreement. In terms of Article 3.3 of the Joint Venture Agreement, the plaintiff ... arbitration agreement, it is mandatory that the dispute is referred to arbitration;
(e) that on prima facie basis, the arbitration agreement (or the joint venture
existence and working of the joint venture company.
The products required to be manufactured by the joint venture company
under the Shareholders Agreement as well ... illegal and invalid; in breach of the joint
venture agreements and of no effect; and the joint venture agreements
were binding and subsisting
Joint Venture Company. The said
Joint Venture Company is not a party to the
proceedings and also not party to any arbitration
agreement. Therefore, granting ... Joint Venture
Company is not a party to the Joint Venture Agreement and, therefore,
cannot be included within the ambit of arbitration
joint
venture agreement. The joint venture agreement
therefore ceased to be in force and effect. As the
joint venture agreement ceased to be in full ... joint venture agreement and they have also signed
the joint venture agreement as parties of the third
part. Therefore, they are parties to the
arbitration
Arbitration and Conciliation Act, 1996 are satisfied and this Board has no discretion but to refer the matter for arbitration as per Joint Venture Agreement ... signed Joint Venture Agreement in question. Now the issue before me is to decide whether Mr. M.D. Jindal who has signed Joint Venture Agreement
existence and working of the joint venture company.
The products required to be manufactured by the joint venture company
under the Shareholders Agreement as well ... illegal and invalid; in breach of the joint
venture agreements and of no effect; and the joint venture agreements
were binding and subsisting
