intention to commence
arbitration has been given in accordance with GCC Sub-Clause 6.2.1,
shall be finally settled by arbitration. Arbitration may be commenced
prior ... shall be shall be referred for
resolution in Permanent Machinery for Arbitration (PMA) of the
Department of Public Enterprise, Governement of India. Such dispute
whether a determination under the "Permanent Machinery of
Arbitration" ["PMA"] which was set up to resolve commercial
disputes between government entities ... constitute an
award which could be executed under the provisions of the Arbitration
and Conciliation Act, 1996 .
2. In order to enable learned counsels
settled through Arbitration.
Arbitration between RITES & JSEB shall be governed by Bureau of Public
Enterprises letter No. 3/593-PMA dated 30th June ... Permanent
Machinery of Arbitration was and continues to be outside the purview of the
Arbitration Act now replaced by the Arbitration and Conciliation Act .
Relying
public Sector Enterprises shall be referred by either party for Arbitration to the
PMA (Permanent Machinery of Arbitration) in the department of Public
enterprises
Arbitration and Conciliation Act, 1996 Ex.PW-1/69
and PMA: Constitution and Rules respectively.
12. Original copy of Non-Starter Report dated ... plaintiff were
defective.
38. The PW1 admitted that the plaintiff had initiated
arbitration proceedings against defendant for recovery of the suit
amount and that
Arbitration and Conciliation Act, 1996 Ex.PW-1/69
and PMA: Constitution and Rules respectively.
12. Original copy of Non-Starter Report dated ... plaintiff were
defective.
38. The PW1 admitted that the plaintiff had initiated
arbitration proceedings against defendant for recovery of the suit
amount and that
Department of Public Enterprises. The Arbitration and
Conciliation Act 1996 shall not be applicable to arbitration under
this clause. The award of the Arbitrator shall ... followed in
the arbitration shall be as mentioned above, which is as per
O.M.No.4(1)/2011-DPE(PMA)GL dated
under Article 34(2)(a)(iii) and parallel provisions of
other national arbitration legislation is a tribunal's award of
relief that neither party ... terms
of the contract out of existence” [PMA Capital Inc.
Co. v. Platinum Underwriters Bermuda Ltd. [PMA Capital Inc.
Co. v. Platinum Underwriters Bermuda
Respondent by letter dated 19.10.2015. The petitioner also intimated the
Respondent that PMA M/s. Enkem Engineers, Chennai agreed to inspect
and submit the report ... respondent failed to pay the same, the petitioner invoked
arbitration Clause 7 of the Agreement dated 28.03.2013 and filed the claim
petition before the learned
Pma Construction Co vs Ministry Of Road Transport And Highway on 12 January, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani ... DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 177/2023
PMA CONSTRUCTION CO ..... Petitioner
Through:
versus
MINISTRY OF ROAD TRANSPORT
AND HIGHWAY ..... Respondent
Through
