arbitration in terms of Clause-15 and further till the decision of the arbitration proceedings, the recovery of the citation was stayed. Thus, the arbitration ... question of limitation and whether the dispute fall within the scope of Arbitration are both covered by the substantive law and fundamental policy
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
majority award
contained decisions on matters beyond the scope of the submission to
arbitration. The learned counsel argued that this was a jurisdictional
error ... aside an award arising out of a domestic arbitration
(and not an international commercial arbitration).
The scope of review is based on the patent illegality
That the claims made, fall within the scope of the arbitration agreement
as embodied in Clause 9.0.1.011 of the GCC.
31. NCCL, as required, compiled ... vide communication dated
10.11.2017 communicated to NCCL that there was no scope for arbitration
between parties and that none of its putative claims could
category of "Excepted Matter" and was beyond the scope of
arbitration. The relevant clause has been reproduced below:
FAO(OS) (COMM ... with Clause 21.5 of
SCC and as such is beyond the scope of arbitration. Clause 21.5 of the
SCC reads as under:
"No claim
given to the respondent or which matters
were beyond the scope of submission to arbitration but had been included by the
appellant in the arbitral ... matter of the arbitration not
being arbitrable or beyond the scope of submission to arbitration, of the
composition of the arbitral tribunal being contrary
tribunal if such counterclaim or set off
falls within the scope of the arbitration agreement." (emphasis supplied)
Mr. Kapoor submits, that the disputes sought ... arbitration has been clarified/amplified to
include persons claiming "through or under" such a party to the
arbitration agreement; (ii) scope of examination
manner
that the amended claim or counterclaim falls outside the scope of the arbitration agreement.
EX.P. No.99/2015 ... counterclaim(s) sought should
not fall outside the scope of the arbitration agreement. There is nothing in the
aforementioned Rule which says that amendment
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
whether the counter claim
regarding CENVAT invoices was beyond the scope of reference to
arbitration and whether the High Court was right in holding that ... same,
except where the arbitration agreement restricts the arbitration to only
those disputes which are specifically referred to arbitration, both the
claimant and the respondent
