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
arbitration''. Further, it was held that in most arbitration clause, the words normally used are "That dispute shall be referred to arbitration ... conclusion that Clause 5 is not a firm or mandatory arbitration clause and in my view, it postulates a fresh agreement between the parties that
dispute or differences between the parties may be
referred to arbitration in pursuance of Arbitration Act,
1940 , and held that the aforesaid clause is merely ... clause couched in
mandatory language. Thus, it was held that the
aforesaid clause was not a firm or mandatory arbitration
clause. Similar view was taken
dead claim be
referred to Arbitration?
(iv) Once invocation of arbitration clause
has been made under an agreed
mechanism, can an application under
Section ... Claimant invoking the
arbitration clause, preceding the
reference of disputes to Arbitration, is
mandatory. In other words, without
such notice, the arbitration proceedings
that
when facts are
contested; when the party opposing arbitration
adopts delaying tactics or impairs conduct of
arbitration proceedings. This is not the stage ... dispute is time barred, the parties
have not agreed upon mandatory arbitration, and the
dispute cannot be just amongst the parties to the
present petition
accepting the
nomination and going further for arbitration, the
respondent had not come forward for arbitration and
therefore, the petitioner is before this Court ... used in the clause, then it is not a firm or
mandatory arbitration clause and therefore, it postulates a
fresh agreement between the parties that
tripartite ay agreement,
which makes reference to the arbitration mandatory for the
resolution of their Aisputes: regartiing covenants and
fulfillment of the obhgations under
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING TO NOMINATE SUITABLE ARBITRATOR AS PER
SECTION ... Clause 17 of the said
reads as under:
Section 17 MANDATORY ARBITRATION
17.1 MANDATORY ARBITRATION
a) If any dispute arises between the partners
under
Part I or of any requirement of the arbitration agreement by a party to an arbitration agreement of which the other party to the agreement ... provision of Part I or of any requirement under the arbitration agreement, certain mandatory provisions of the Act also provide for a grant of waiver
Part I or of any requirement of the arbitration agreement by a party to an arbitration agreement of which the other party to the agreement ... provision of Part I or of any requirement under the arbitration agreement, certain mandatory provisions of the Act also provide for a grant of waiver
