mandatory
arbitration Clause incumbent to refer disputes
to arbitration:
Defendants urge to refer the matter to
Arbitration pursuant to Clause 23-A which reads
thus ... question arises whether the above
Clause is a firm Mandatory Arbitration, Clause.
In the Contract Agreement Clause 23-A is not
found in isolation
arbitration then the Court has to direct the filing of the arbitration
agreement and appoint the arbitrator in accordance with the
arbitration clause ... period of three years a party wants to invoke an arbitration clause
but the arbitration clause contains the requirement of invoking the pre-
condition
arbitration, one does not refer solely to a geographical location.
One means that the arbitration is conducted within the
framework of the law of arbitration ... relevant country. The geographical place of arbitration is
the factual connecting factor between that arbitration law and the
arbitration proper, considered as a nexus
parties have selected the procedural law
that will govern their arbitration, by providing for arbitration in a
particular country. This is too elliptical ... Arbitration Act,
1996 , those provisions which are concerned with the internal conduct of
their arbitration and which are not inconsistent with the mandatory
provisions
mode of
resolution of the dispute through arbitration and there cannot be an
arbitration clause by implication in any other document. In fact, the
very ... claimant invoking
the arbitration clause, preceding the reference of disputes to arbitration, is
mandatory. In other words, without such notice, the arbitration
proceedings that
which the same shall be settled through arbitration. The
arbitration proceedings shall be governed by the Arbitration &
Conciliation Act, 1996 , or any statutory
amendments ... period of three years a party wants to invoke
an arbitration clause but the arbitration clause contains the
requirement of invoking the precondition
arbitration clause in the agreement, it is obligatory for the
court to refer the parties to arbitration in terms of their arbitration
agreement and held ... arbitration clause
in the agreement, it is obligatory for the court
to refer the parties to arbitration in terms of
their arbitration agreement and nothing
Akrata Shipping S.A vs Pipavav Defense And Offshore ... on 19 September, 2017
Author: C
parties have selected the
procedural law that will govern their arbitration, by providing for
arbitration in a particular country. This is too elliptical ... Arbitration Act, 1996 , those provisions which
are concerned with the internal conduct of their arbitration and
which are not inconsistent with the mandatory provisions
Arbitration Act by a party to arbitration agreement in a pending
proceeding before the judicial authority, such action under section 45 of
the Arbitration ... arbitration agreement and has not
exercised his rights under the said arbitration agreement cannot compel
the other party to refer his disputes to arbitration
