Transferred cases arising out of the arbitration
11 During the pendency of the arbitration between ONGC and DEPL, ONGC
withheld ... owed to ONGC by DEPL. Aggrieved by the deductions made by ONGC under
its four contracts for drilling services, JDIL invoked arbitration on 4 February
Section 9 of the Arbitration Act by KSS (original petitioner) though
there was no Arbitration Agreement between KSS and ONGC; (b)
whether the learned Single ... contract between KSS and ONGC or on the ground that ONGC was not a
party to the Arbitration Agreement between KSS and VML or that
behalf of ONGC and gave directions to Sumitomo and ONGC to file pleadings before them. On or about 16th December, 1992, ONGC petitioned to this ... Code to govern arbitration proceedings.
12. The award was made in London, U.K. in an arbitration between Sumitomo and ONGC on the contract governed
correspondence between BTEL and ONGC
prior to reference for arbitration, ONGC only relied
Page 19 of 35
HC-NIC Page 19 of 35 Created ... correspondence between BTEL and ONGC
prior to reference for arbitration, ONGC only relied
on Clause 23 of the Contract and SADCO decision
that the quantum
same
shall be referred to Arbitration as provided hereunder:
1.3.2.1 A party wishing to commence arbitration proceeding
shall Invoke Arbitration Clause by giving 60 days ... jurisdiction since the arbitration was an international
commercial arbitration within the meaning of Section 2(f) of the Arbitration Act.
However, ONGC was granted liberty
royalty paid in the ONGC
was cost recoverable by ONGC as contract cost and to withdraw the
arbitration case relating to cess. The dispute ... royalty paid in the ONGC
would cost recoverable by ONGC as contract cost and to withdraw the
arbitration case relating to cess. Union of India
withheld by withheld by
ONGC was illegal and ONGC towards ONGC as
unwarranted and the liquidated liquidated
amount withheld by ONGC damages] damages ... withheld by withheld by
ONGC was illegal and ONGC towards ONGC as
unwarranted and the liquidated liquidated
amount withheld by ONGC damages] damages
ONGC, who had given a contract to the respondent, was not before the
Arbitral Tribunal because the ONGC was not a party to the Arbitration ... ONGC. Thus, the
minority view was that the liability to make payment to the appellant
was that of the ONGC, but as the ONGC
accepted, on 6-3-1991 served notice of arbitration through their solicitors on ONGC and made request for arbitration to the International Chamber of Commerce ... request for arbitration accompanying the said notice. The claim made by Sumitomo in request of arbitration reads: (i) Reimbursement by ONGC of such sums (including
arbitration.
The Arbitration Petition: the Judgment of the Single Judge:
7. In an Arbitration Petition filed under Section 30 of the Arbitration Act, 1940, ONGC ... referred to arbitration is one to which the arbitration agreement applies. If it is a matter excepted from the arbitration agreement, the court shall
