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 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
Affairs in terms of the provision of the
Permanent Machinery of Arbitration (PMA) under the aegis of the
Ministry of Heavy Industries and Public Enterprises ... observed to the effect:
"The Permanent Machinery of Arbitration (PMA) had been
set in place earlier than the judgment in the ONGC case
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
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
said disputes by
forwarding the same to Permanent Machinery of Arbitration (PMA), as per
the provisions of the circulars issued by the Department of Public ... award;
(iii) that the forum of Permanent Machinery of Arbitration (PMA)
had been established in terms of the decision of the Cabinet
Secretariat in compliance
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
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
Public Sector Enterprises shall be referred by
either party for Arbitration to the PMA (Permanent
8
Machinery of Arbitration) in the department of Public
Enterprises ... Sector Enterprises are to be referred by either party
for Arbitration to the PMA (Permanent Machinery of
Arbitration) in the Department of Public Enterprises
Permanent Machinery of Arbitration. It is also not disputed by the
Respondent-DVC that there was no Permanent Machinery of Arbitration in
existence ... Bench on the following question :
"8. That Permanent Machinery of Arbitration (PMA) had
been set in place earlier than the judgment in the ONGC
