existence, validity or effect (scope) but an enquiry into
the scope and effect of an arbitration agreement and a
challenge to the existence or validity ... Arbitration
Act. Under section 32 of the Arbitration Act suits no
challenge the existence or validity of an arbitration
agreement or award as also suits
appellant to raise
those claims with SCOPE. On receiving the payments from SCOPE either
under the arbitration award between SCOPE and the appellant or
otherwise ... required in successfully pursuing
arbitration. MHB shall bear proportionately cost of arbitration
relating to their scope of work. The award of the arbitration
governing the conduct of the arbitration namely, its procedural law.
23. The proper law of the arbitration agreement is normally the same as the proper ... contract in question including the arbitration agreement, arbitration proceedings arising there from the question of the existence, validity, effect (scope) and interpretation of the arbitration
accounts of a dissolved firm would tantamount to enlarging the scope of arbitration beyond the scope of submission/reference for arbitration made by order dated ... arbitration clause/agreement. No fresh reference is contemplated in the scheme of provisions under Arbitration and Conciliation Act, 1996 . Once the parties have provided arbitration
claims raised by the petitioner before the tribunal fall
beyond the scope of arbitration.
In view of the afore noted submissions, Mr. Sethi submitted
that ... scope of the dispute for adjudication by the arbitrator
being outside the scope of reference. In other words, in case of
enlargement of the scope
arbitration of a sole arbitrator
and, the said arbitration shall be carried out at New Delhi,
under the provisions of the Arbitration and Conciliation ... arbitration agreement.
53. As stated above, the arbitration agreement as contained in Clause
18.6 of the agreement has a limited scope to include only those
depends upon the dispute referred to him for arbitration. However, the scope of arbitration is not always confined to the initial dispute referred to arbitration ... scope of the dispute for adjudication by the arbitrator being outside the scope of reference. In other words, in case of enlargement of the scope
arbitrator then not only would it lead to widening the
scope of arbitration proceeding but also would defeat the very purpose
Special Leave Petition ... power to
impleadment is provided to the Arbitrator, then the scope of
arbitration proceedings will be, not only widened but, the
purpose and the object
premises and thereby within the scope of
the Public Premises Eviction Act and outside the scope of the arbitration agreement
Page 9 of 36
June ... eviction and related recoveries. Therefore, the scope of eviction and related
recoveries being outside the scope of arbitration, no fault can be found with either
premises and thereby within the scope of
the Public Premises Eviction Act and outside the scope of the arbitration agreement
Page 9 of 36
June ... eviction and related recoveries. Therefore, the scope of eviction and related
recoveries being outside the scope of arbitration, no fault can be found with either