Arbitration Act for appointment of an arbitrator in terms of the arbitration agreement contained in the deed of partnership. That application was rejected ... registration of a partnership deed must not invariably render the partnership agreement invalid and void, nor would it render an arbitration agreement contained
McdonaldâS India Private Limited vs Vikram Bakshi & Ors on 21 July, 2016
Author
Arbitration Act, 1940 as well as in the Arbitration & Conciliation Act, 1996 , adversaries can obtain orders from the Court referring them to arbitration ... arbitration in accordance with the Indian Arbitration Act." The Bombay High Court had taken the position that Section 69 of the Partnership
partners of an un-registered firm against other partner. The partnership agreement contained an arbitration clause but since it was not registered, the maintainability ... deciding the question regarding applicability of section 69 of the Partnership Act to arbitration proceeding the arbitral tribunal has exceeded the scope of its authority
deceased
partner shall be continued in the partnership. Clause 15 of the said
partnership deed provided for arbitration of a single arbitrator to be
nominated ... serial no.2 in Exhibit-A to the
arbitration petition is concerned, the said partnership firm was using
the said premises as the office
Deed of Partnership
dated 1 April 1979 between the aforenoted three persons
and four others. This Deed of Partnership also
contained an arbitration clause, which ... foundation
therefore."
25. In the present case the arbitration clause
in the partnership deeds, extracted above is couched
in wide terms and includes
should be referred to arbitration. A petition under Section 20 of the Arbitration Act was filed for directing the arbitration agreement to be filed ... Arbitration Act is a proceedings to enforce filing of Arbitration Agreement and appointment of Arbitration; a right arising out of the contract. The petition under
case of dissolution of partnership through intervention of Court under Section 44 of the Partnership Act, any stipulation in the partnership deed that disputes arising ... partnership deed and that as under the partnership deed, the partner has no right to get the firm dissolved, arbitration clause is ineffective as regards
waiting his right under the arbitration clause, that the arbitration clause is vague, that clause 19 of the partnership deed can be availed of even ... Arbitrator who will be appointed under the arbitration clause of partnership deed.
10. Mr. Sundar Anandan, learned counsel appearing for some of the respondents, adopts
Arbitration Act defines arbitration agreement thus: --
" 'Arbitration agreement' means a written agreement to submit present or future differences to arbitration whether ... that purpose Clause 12 was inserted in the partnership deed. This arbitration clause was no doubt binding upon the parties to Ex. 1, that
