petitioner that petitioner is not resorted to the first tier of the
multi tiered arbitration agreement cannot be put against the
petitioner.
17. Responding ... that arbitration agreement between the parties is not a multi tiered arbitration.
To be noted, this Court already extracted the arbitration clause of sub contract
will be making an observation about MCX
by-laws and multi-tiered arbitration extending the limitation by contract
elsewhere infra in this order; that ... Company. We are informed that it provides for a multi-
tiered arbitration. Multi-tiered arbitration necessarily means that on a
dispute erupting (in this case
comment on the document in the next tier. After all the
objective of having a multi-tiered arbitration is to ensure that the parties ... party being given full
opportunity to present its case. In a multi-tiered arbitration this second
limb of Section 18 should be applied in each
required to be
kept in mind that this is a multi-tier arbitration proceeding. The final
award rests on the shoulders of the two awards ... looked at which is
incorrect. He has submitted that in a multi tier arbitration
proceeding, the Section 34 Court should look at what has been
required to be
kept in mind that this is a multi-tier arbitration proceeding. The final
award rests on the shoulders of the two awards ... looked at which is
incorrect. He has submitted that in a multi tier arbitration
proceeding, the Section 34 Court should look at what has been
aforementioned arbitration agreement between
the parties reveals that it is a multi tiered arbitration. In the light of the
aforesaid arbitration agreement, limitation is predicated ... impugned award is bad both in terms of limitation qua multi
tiered arbitration as well as limitation qua contract. To be noted limitation
plea
arbitration award can be an admixture of domestic
award and foreign award.
The 1996 Act in no uncertain terms speaks of an arbitration
agreement ... tier
arbitration capable of being enforced under two different chapters..
A multi-tier arbitration may be held to be operative and valid when
Sinha, J. Page 1556 was an issue as to whether a multi-tier arbitration is consistent with the provisions of the Act, 1996. The learned ... held that under the Act of 1996 a multi-tier arbitration is inconsistent. Tarun Chatterjee J. on the other hand relying on the view
captioned OP,
adverting to the aforementioned arbitration clause i.e., Section 17 of BWPA
submitted that the arbitration agreement between the parties ... step ladder, it should not be construed as tiered or multi-tiered
arbitration. It is not multi-tiered in terms of hierarchy
said Bylaws. The arbitration clause between the
parties contained a multi-tier arbitration process and the appellant in
accordance with the arbitration clause referred
