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
matters
which define the scope of arbitrations; this includes provisions defining the
matters that are arbitrable; the scope of arbitration agreements, etc. Such
provisions define ... entire scope of arbitration and the legal policy of the
Alternate Dispute Resolution Mechanism. The second category of
provisions relate to the conduct of arbitrations
provides for matters which are excluded from the
scope of arbitration. These are excepted matters and are not arbitrable.
Merely because, the question whether ... claim is a Notified Claim or
not excluded from the scope of arbitration clause, does not mean that
IPPL‟s decision - which is ex facie
scope of examination is confined to the existence
of an arbitration agreement. In Duro Felguera, S.A. v. Gangavaram
Port Limited29 , the Supreme Court ... assumption that all matters relating to
trademarks are outside the scope of arbitration is plainly erroneous.
There may be disputes that may arise from subordinate
Agreement, which
embodies the Arbitration Clause. The said Arbitration Clause is set
out below:
―Article 10.
Arbitration 10.1 Arbitration (Reference GCC Clause 6)
Any disputes ... SCOPE‖ Forum of Conciliation and
Arbitration‖ (SCFA). The venue of
Arbitration shall be New Delhi, India.
Arbitration with Foreign Contractor or in
Consortium contracts (including
event, the disputes sought to be
raised were outside the scope of the Arbitration Clause and thus, an
arbitrator could not be appointed. He referred ... disputes sought to
be agitated, fell outside the scope of the arbitration agreement.
22. Mr Nakul Dewan, learned senior counsel appearing on behalf of
DYMT
plainly evident that the disputes were outside
the scope of the Arbitration Clause. The Court had found that in cases
where the appellant Insurance Company ... liability under
a policy, the dispute was outside the scope of the arbitration clause. The
Court found that the parties had clearly agreed and understood
said Agreements set out the obligations of the parties. The scope of the
Arbitration Agreement extends to disputes "arising out of or in connection ... confined in to deciding the disputes that fall within the scope of the
Arbitration Clause, as set out above.
10. The learned counsel
proposed Conciliation proceedings under the rules of the SCOPE
Forum of Conciliation and Arbitration and called upon GACL to inform
SAIL about its consent ... invoke the conciliation proceedings under the rules of the
SCOPE Forum of Conciliation and Arbitration. You are
requested to intimate us your consent
scope of examination is confined to the existence
of an arbitration agreement. In Duro Felguera, S.A. v. Gangavaram
Port Limited29 , the Supreme Court ... assumption that all matters relating to
trademarks are outside the scope of arbitration is plainly erroneous.
There may be disputes that may arise from subordinate
