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
certain matters, the determination of which
will be outside the scope of arbitration. That such
departmental machinery, being the will of the parties as
embodied ... specifically excludes certain matters, such as disputes
concerning the scope of the arbitration agreement, viz.,
(i) whether or not a claim is a Notified Claim
which excluded the
issue relating to finality of rates, from the scope of arbitration agreement
contained in clause 23 on the following reasoning :
"Under ... rates for
extra items decided by the Superintending Engineer from the scope of
arbitration, as an excepted matter, when there was an arbitration agreement
(clause
Court to decide the issues like existence of the arbitration agreement, its scope and the jurisdiction of the Arbitrator to decide such questions.
16. Under ... court to decide the questions relating to existence, validity and scope of an arbitration agreement. Experience shows that this is yet another provision which
M/S. Abhibus Services India Pvt. ... vs Pallavan Transport Consultancies ... on 5 January, 2021
Author
respondents, the appointing authority was not justified in restricting the scope of arbitration by the nominated arbitrator. In support, reliance is placed on the three ... arbitrator, including the objection that the same are beyond the scope of arbitration being excepted matters.
17. The application is disposed of accordingly
which excluded the
issue relating to finality of rates, from the scope of arbitration
agreement contained in clause 23 on the following reasoning ... rates for
extra items decided by the Superintending Engineer from the
scope of arbitration, as an excepted matter, when there was an
arbitration agreement (clause
arrangement or not, is also an issue, which falls within the scope of arbitration. It is further submitted that the respondent did not adhere ... arrangement is equally an issue, which would fall within the scope of arbitration. The claim made by the petitioner is a pure and simple money
arbitration. Having said that, the issue
with regard to scope of Section 11 of the Arbitration and Conciliation
Act, 1996 is no more res-integra ... aspects of non-
arbitrability including validity of the arbitration agreement. A
party opposing arbitration, as per sub-section (2), should raise
the objection to jurisdiction
absolute obstructions to
law/the arbitration agreement. Arbitration, thus, could be
possible between a signatory to an arbitration agreement and a
third party. Of course ... arbitration agreement.
[Russell on Arbitration (23rd Edn.)]
72. This evolves the principle that a non-signatory party could
be subjected to arbitration provided these transactions
