agreed to enter into an arbitration agreement, the committee decided
that the disputes be resolved through arbitration under the PMA.
8. Thereafter, an arbitration agreement ... High Power Committee and the Arbitration Agreement.
10. In terms of the arbitration agreement, the proceedings under the
PMA were initiated. The Sole Arbitrator passed
agreed to enter into an arbitration agreement, the committee decided
that the disputes be resolved through arbitration under the PMA.
8. Thereafter, an arbitration agreement ... High Power Committee and the Arbitration Agreement.
10. In terms of the arbitration agreement, the proceedings under the
PMA were initiated. The Sole Arbitrator passed
arbitration agreement between the respondent UCO
Bank and the appellant and which was a prerequisite for arbitration
even before the PMA; f) that the said ... Arbitration and Conciliation Act , held writ petitions
to be not available but the learned Single Judge has held the arbitration
before the PMA
dated 22.01.2004, for resolution of their disputes through
PMA. The said arbitration agreement reads as under:-
"In the event of any dispute or differences ... Arbitration and
Conciliation Act ]"
Thus, even according to SAIL, A&C Act would be applicable to arbitration
proceedings under the PMA. In this
PMA as per annexure referred to in
subsequent paragraph V(i), in such a situation the PMA shall
entertain such dispute(s) for arbitration ... arbitration clause incorporates the procedure and mechanism of the
PMA, the arbitration between the petitioner and EPIL is now required to
proceed in terms
procedure prescribed by law
is recourse to Permanent Machinery of Arbitration (PMA).
These are the background facts projected to secure the reliefs
sought ... contention that if the
clause is not included in the arbitration agreement, the PMA is
not bound to entertain the dispute. But, on a reading
never replied by the respondents that there is no existence of the
arbitration clause at all on the contrary, the reply was given on merits ... Public Sector
Enterprises (CPSEs) are settled through the Permanent Machinery of
Arbitration (PMA), which does not fall within the purview of any
arbitration
Sector Enterprises. Concededly, in
terms of the aforesaid arbitration agreement the dispute resolution
mechanism under the PMA was applicable. Accordingly, EPIL initiated
proceedings under ... without protest or any reservation.
8. Undisputedly, PMA is a mechanism for settlement of disputes
through arbitration and, accordingly, Arbitration and Conciliation Act,
1996 would
