petitioner submits that the arbitration
proceedings had already commenced when the respondent had invoked arbitration
agreement and had issued a notice dated 28 th April ... limitation would not relate back to the date of receipt of notice
invoking arbitration agreement in this case. The finding of the learned arbitrator
that
that arise for consideration of this Court
are :-
i). If the notice invoking arbitration agreement is issued
prior to 23rd October, 2015, whereas the impugned ... notice before filing an arbitration
petition challenging the award. The legislative intent of issuance of
such prior notice is for expeditious disposal of the arbitration
Notice invoking arbitration.
03.02.2023: The Petitioner filed Arbitration Petition No. 13 i.e. the Present
Petition under Section 11(6) of the Arbitration and Conciliation ... issuing the notice of arbitration on 29.04.2020.
• The respondent did not take any action in between the period and
therefore the notice invoking arbitration
with the said notice within the notice period of 14 days, the said
letter may be treated as a notice invoking arbitration under clause ... which were referred in the notice invoking
arbitration agreement can be referred to arbitration. It is submitted that
notice issued by the respondents indicated merely
2020 Page 1 of 61
15:00:10
issued a notice, invoking arbitration, to the respondent, under Section
21 of the Arbitration and Conciliation ... prior to 6th May,
2020 (the date of issuance of the notice invoking arbitration by the
petitioner), the petitioner had never asserted its claims with
various correspondence when Kesar Alloys did not come forward for
settlement, notice invoking arbitration was issued by GAIL vide the letter
dated 10th October ... this
regard. It is stated that notice dated 22nd August, 2016 was not a notice
invoking arbitration but made a request to Kesar Alloys
that arise for consideration of this Court
are :-
i). If the notice invoking arbitration agreement is issued
prior to 23rd October, 2015, whereas the impugned ... notice before filing an arbitration
petition challenging the award. The legislative intent of issuance of
such prior notice is for expeditious disposal of the arbitration
that arise for consideration of this Court
are :-
i). If the notice invoking arbitration agreement is issued
prior to 23rd October, 2015, whereas the impugned ... notice before filing an arbitration
petition challenging the award. The legislative intent of issuance of
such prior notice is for expeditious disposal of the arbitration
application seeking appointment of arbitrator commences
only after a valid notice invoking arbitration has been issued by one of the parties
to the other party ... arbitrator within a period of 30 days from
issuance of the notice invoking arbitration. In other words, an
application under Section 11 can be filed
Section 16 Application ................................ 7
Impugned Order ................................................................................................ 7
Submissions ...................................................................................................... 8
Issues ..............................................................................................................10
Notice Invoking Arbitration under Section 21 of the ACA ................................10
Appointment of Arbitrator ... issues arising in the present appeal are whether the
service of notice invoking arbitration under Section 21 of the
Arbitration and Conciliation
