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
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
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
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
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
arbitrator exceeded the scope of arbitration in as much as, he passed the award relating to the matter excepted by the terms of the contract ... questions relating to the concerned work, the same is within the scope of arbitration by the arbitrator in passing the award. The further argument
breach thereof, shall be settled through arbitration in accordance with the
rules of arbitration of SCOPE forum.
6. Learned counsel for petitioner also submitted that ... referred to and
finally resolved by Arbitration, in accordance with the Rules
of Arbitration of SCOPE Forum of Conciliation and
Arbitration.
10.2 Arbitration
arbitration or it contains decisions on matters beyond he
scope of submission of arbitration?
2) What order?
12. Heard learned counsel for the plaintiff ... submission to arbitration and it
was not beyond the scope of submission to arbitration as
alleged by the plaintiff - claimant in the present suit
arbitration
agreement. Where the arbitration agreement provides that all disputes shall
be settled by arbitration but excludes certain matters from arbitration, then,
the arbitrator will ... enter into an arbitration agreement to refer that
specific dispute to arbitration. In such an arbitration, the arbitrator cannot
enlarge the scope of arbitration
prima facie the arbitration
agreement exists, then it shall refer the dispute to arbitration, and leave the existence
of the arbitration agreement to be finally ... lack of consent, or a dispute falling outside the scope
of the arbitration agreement. Issues with respect to the existence, scope and
validity
