firm or Mandatory Arbitration clause compelling the parties to the only recourse of Arbitration.
24. What is an Arbitration Agreement dealt with in Section ... such as to make that arbitration clause part, of the contract"
The Arbitration Clause must be an Arbitration Agreement within the meaning or Section
this paragraph, the Registrant is required to submit to "a mandatory Arbitration proceeding in the event that a Complainant files a complaint ... policy requiring the "Complainant" to submit to a mandatory Arbitration proceeding and paragraph 4 only states that any person may file a complaint
disputes either on the ground that there
was no mandatory provision for arbitration or that the Respondent No.1 having
instituted a Complaint before ... That Clause 16 of the Agreement is not a mandatory provision for
arbitration. The concluding part of the said clause, which permits a party
Section 19 , Arbitration Act
38
Section 20 , Arbitration Act
39
Section 21 , Arbitration Act
40
Section 22 , Arbitration Act
41
Section 24 , Arbitration ... provisions of the Arbitration Act prevail over the arbitration
agreement between the parties.60
32. Under the Arbitration Act , the mandatory provisions must be deduced
arbitration, as and when the disputes arise, is not an
Arbitration Agreement. It is only an agreement to enter into
an Arbitration Agreement in future ... refer themselves to arbitration. The mere caption
of a particular clause "Arbitration" do not conclusively
24
imply the mandatory nature of arbitration when
referred to
arbitration, thereby clearly making it optional to refer the
disputes to arbitration, in contrast to the earlier mandatory
agreement to refer the disputes ... arbitration; if the parties agree to refer their disputes to
arbitration, the same shall be referred to arbitration as per
the Arbitration and Conciliation
directly invalidate the arbitration clause); (2) no
arbitration agreement came into existence between the
parties; (3) an existing arbitration agreement is either
10 Vanderbilt Journal ... disputed issue is not within the scope of the arbitration
agreement; (5) mandatory law prohibits a disputed
issue, though within the scope of the parties
best the complaint had set out a civil dispute, subject
to mandatory arbitration which the appellant herein
(Iridium Telecom Pvt. Ltd.) was seeking to settle
arbitration clause in a contract or in the form of a
separate agreement.
(3) An arbitration agreement shall be in writing.
(4) An arbitration agreement ... arbitration clause constitutes an arbitration
agreement if the contract is in writing and the reference is
such as to make that arbitration clause part
Arbitration, 2nd Ed.
(1990); Commercial Arbitration, 2nd Ed., Allen Redfern and
Martin Hunter, Law & Practice of International Commercial
Arbitration, 1986; Russel on Arbitration 20th ... arbitration
(i.e., the substantive law governing arbitration) determines
the validity, effect and interpretation of the arbitration
agreement, the arbitration proceedings are conducted
