Contract--Arbitration clause-Cancellation of contract-
Settlement of disputes by mutual agreement-Arbitration
clause, if survives-Award based on such clause-Validity.
HEADNOTE:
The respondents ... well settled that the parties to
an original contract could by mutual agreement enter into a
new contract In substitution of the old one.
Payana
this purchase order.
Otherwise it shall be subject to our mutual
agreement.
FAO (OS) No.378/2005 Page 9 of 20
(iii) Payment: As indicated ... purchase order otherwise it shall
be subjected to the mutual agreement.
23. On 15th February, 1990 the Appellant submitted the bank
guarantee with respect
Concessionaire‟s agreement
was terminated according to Clause 9.1.2. of the Agreement and, therefore,
in terms of clause 2.1.19 of the said agreement the Petitioner ... conditions of this clause would be deemed to be termination by mutual
agreement, and hence could not be termed as "termination" as stipulated
date of the next meeting was to be fixed by mutual
agreement between the petitioner and the Respondent after the
::: Downloaded on - 09/06/2013 ... held on 13.8.2005 that the next meeting would be fixed
by mutual agreement between the petitioner and the Respondent .
Thus the petitioner not only participated
courts
or a public forum established by law. Parties by mutual agreement
forgo their right in law to have their disputes adjudicated in the
courts ... other hand enjoy jurisdiction
by default and do not require mutual agreement for conferring
jurisdiction. The arbitral tribunals not being courts of law or
established
discharged by the same process which created it, that is by mutual
agreement. A contract may be discharged by the parties to the original
contract ... discharged on account of performance, or accord and satisfaction, or
25
mutual agreement, and the same is reduced to writing (and signed by
both parties
discharged on account of
performance, or accord and satisfaction, or
mutual agreement, and the same is reduced to
writing (and signed by both parties ... such discharged contract.
(b) Where the parties to the contract, by
mutual agreement, accept performance of
altered, modified and substituted obligations
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and confirm
such a provision always implies mutual consent for
enlargement but such mutual consent initially expressed in
the original agreement does not save the provision from ... power of mutual consent of the parties in the sphere of
arbitration one does not see why by mutual agreement the
parties cannot enlarge
partnership. A dispute whether the partnership was
dissolved by mutual agreement was clearly a dispute between
the parties touching the partnership agreement ... agreement cl. 15 of the partnership agreement
had no application;
(2) that the claim made by the respondent
relating to the agreement dated January
Section 98 runs : "If a suit shall be adjusted by mutual agreement or compromise...such agreement, compromise, or satisfaction shall be recorded ... have already mentioned, with the adjustment of a suit by mutual agreement or compromise. In Chapter VI, Sections 312 to 325 dealt with arbitrations
