very significant feature which must be
established before the scope of arbitration can
be said to include the signatory as well as the
non-signatory ... parties to
arbitration unless it finds that prima facie no valid arbitration
agreement exists”.
49. Section 16 of the Arbitration and Conciliation
detail as the main claim has been treated as beyond the scope of Arbitration.
11.Aggrieved by the Arbitral Award dated 06.11.2010, the petitioner ... dismissing the claim of the petitioner to be beyond the scope of Arbitration. According to him, the Arbitration clause has made it explicitly clear that
account of
custom duty variation is arbitrable and outside
the scope of arbitration agreement between the
parties?
5. Whether the custom duty variation ... Foreign Exchange rate
variation and custom duty variation are beyond
the scope of arbitration agreement between the
parties?
7. Whether claimant is entitled
account of
custom duty variation is arbitrable and outside
the scope of arbitration agreement between the
parties?
5. Whether the custom duty variation ... Foreign Exchange rate
variation and custom duty variation are beyond
the scope of arbitration agreement between the
parties?
7. Whether claimant is entitled
granted to the claimant is
illegal and unsustainable, being outside the scope of arbitration in terms of
Section 28 of the Act r/w Section ... that the reliefs granted by
the learned Arbitrator are beyond the scope of arbitration and not arbitrable
disputes in the first place. He would further
said arbitration OP. The respondents want to modify the
order to the extent requiring the arbitration proceedings to be conducted as per
SCOPE forum ... filed the
arbitration original petition under Section 11(5) of the Arbitration and
Conciliation Act, which is per se violation of the arbitration agreement between
said arbitration OP. The respondents want to modify the
order to the extent requiring the arbitration proceedings to be conducted as per
SCOPE forum ... filed the
arbitration original petition under Section 11(5) of the Arbitration and
Conciliation Act, which is per se violation of the arbitration agreement between
matter if the controversy is covered by the scope of the arbitration agreement. The provisions of Section 8 of the Act are mandatory ... settled by Arbitration. In all such matters of procedure relating to Arbitration, the provisions of the Indian Arbitration Act as amended from time to time
Arbitration and Conciliation Act, 1996, an arbitration clause in an agreement is itself to be treated as an "arbitration agreement" and that, therefore ... court (International Court of Arbitration) decides the existence, validity and scope of the arbitration agreement and that, therefore, it is open to the plaintiff
Online Del. 7867) did not find any scope for interference to the Arbitration Award. The learned Single Judge in her Order has observed that ... Arbitration and Conciliation Act.
20.The scope for interference to an Arbitration award is very limited. Unless and until the applicant satisfies the requirements