that all the Counter Claims were made without following the mandatory
pre-arbitration procedure, as prescribed in Clause 67.1 of the GCC (Page ... Arbitrators to the effect that the Petitioners had complied with the pre-
arbitration procedure before invoking arbitration(Page No.84 of Volume
declaration?
II. Whether the arbitration proceedings can be invoked when the
parties have failed to comply with the pre-arbitration procedure?
Issue I: Whether ... doubt that arbitration clauses exist
in both these agreements and as stipulated in GCC, a pre-arbitration
procedure had to be followed but the same
reply to the Arbitration Petition, NTPC raised two-fold
objections. Firstly, that SPML failed to follow the mandatory pre-
arbitration procedure of first referring ... arbitrability
12 Arbitration and Conciliation Act 1996 (Act 26 of 1996), Section 11(6) :
"(6) Where, under an appointment procedure agreed upon
conclusions:
"20.1 The contention of the respondent that the consent for
arbitration given by the parties before the Hon'ble High Court ... stage as
mentioned above.
20.3 The waiver with regard to the pre-arbitration procedure
specified in clause 73 of the GCC was not limited
arbitration. Clearly, if the
arbitration agreement requires the parties to exhaust the dispute
resolution process as a pre-condition for invoking arbitration, the right ... pre-reference procedure. One of the
principal questions that arises in this context is whether the time spent
for complying with the pre-reference procedure
with regard to tiered
arbitration agreements, more particularly two tiered arbitration agreement like
in the instant case, where pre arbitration resolution meeting is contemplated ... pre
arbitration meeting, but it is a case where pre arbitration resolution meeting is
a condition precedent for invoking arbitration. In other words, arbitration
agreement
rendering it void.
v) IMZ has not complied with the pre-arbitration procedure as provided in
the arbitration clause.
vi) The MoU in question ... Turning now to the objection regarding non-compliance of the
pre-arbitration procedure. The arbitration clause inter-alia stipulates that the
parties shall attempt
purported disputes without
adhering to the proper procedure for invocation of arbitration, as
prescribed under the arbitration agreement between the parties. It is
contended that ... maintainable and
merits rejection on this ground alone.
13. The pre-arbitration procedure under Clause 20.1 is
mandatory and if the prerequisites of Sub Clause
Fourth, he contended that the petitioner had not complied with
the pre-arbitration procedures as set out in the agreement between the
parties. He stated ... stated that
arbitration clauses must be construed strictly and therefore, require
completion of pre-arbitration procedures. He submitted that the letters
dated
agreed procedure and for this reason also the enforcement should be
refused.
20. It has further been contended that the arbitration clause has
prematurely been ... arbitration clause and
defaulting party cannot be allowed to take advantage of its wrong and as the
pre-arbitration procedure of mediation and informal negotiation
