Court, the Arbitration and
Conciliation Act, 1996 deals not only with pendency of
arbitration proceedings but also with pre and post arbitration
awards. This Court ... Arbitration and;
(viii) The Permanent Machinery of Arbitration was and
continues to be outside the purview of Arbitration Act,
1940 now replaced by Arbitration
arbitration clause contained in the Letter of Award dated
03.02.2004 would refer matters to the Permanent Machinery
of Arbitration (hereinafter referred to as 'PMA ... PMA.
8) The Permanent Machinery of Arbitration (PMA) had been
set in place earlier than the judgment in the ONGC case,
as noticed in Northern
PMA.
2. The said OM expressly provided that the "PMA shall not entertain the
disputes referred to it without the proper Arbitration Clause ... Arbitration and;
(viii) The Permanent Machinery of Arbitration was and
continues to be outside the purview of Arbitration Act, 1940
now replaced by Arbitration
Secretary,
Govt. of India cum Appellate Authority under Permanent Machinery of
Arbitration (PMA).
2. Facts of the case are that on 13.11.1991 a contract ... Permanent Machinery of Arbitration; and
23.8. The Permanent Machinery of Arbitration was and
continues to be outside the purview of the Arbitration
NDMC, which reads as under:-
"16. SETTLEMENT OF DISPUTE AND ARBITRATION:
16.1 If any dispute or difference arises out of or relates to this ... amicable
settlement the dispute shall be referred to Permanent
Machinery of Arbitration (PMA) in the Department of
Public Enterprises in terms
respondent. Ext.P11
provides for mandatory reference of disputes to Arbitration by
PMA whenever disputes arise between entities such as the first
appellant ... Single Judge
that the first respondent was entitled to have the arbitration by
PMA has to be upheld. We also take note of the admitted
provided by the Contract.
(vii) Arbitration proceedings shall be held at New
Delhi, India and the language of the arbitration
proceedings and that ... Contractor"
shall be settled through Permanent Arbitration
machinery (PMA) of the Department of Public
Enterprise, Govt. of India as per prevailing rules,
as stated
regarding existence or otherwise of
the arbitration clause, it would be useful for us to
reproduce the arbitration clause contained in the
agreement dated ... Public
Enterprises Notification No. 3/5/93-PMA, dt. 30/06/1993
or its amendments for arbitration shall be applicable. This
is reproduced as below
also been expressed by
certain High Courts. The Kerala High Court in
PMA Shukkur Vs. Muthoot Vehicle, (2010) Arb. LR
121 (Kerala), held that ... terminating the
proceedings, he cannot pass the order
recommencing the arbitration proceedings. In
view of the above discussions, we are of the
view that
also been expressed by
certain High Courts. The Kerala High Court in
PMA Shukkur Vs. Muthoot Vehicle, (2010) Arb. LR
121 (Kerala), held that ... terminating the
proceedings, he cannot pass the order
recommencing the arbitration proceedings. In
view of the above discussions, we are of the
view that
