that the partnership agreement
contained arbitration clause. According to learned Senior Counsel,
for the suit dispute, the arbitration clause was referable and
invokable ... arbitration clause.
5.1.1 In certain circumstances, for certain purposes, in given case,
it could be viewed however that arbitration clause may survive for
its applicability
hence there is no legal scope or applicability to the respective arbitration clauses (viz. Condition 18 of the policy)......"
"10...... It is denied ... notwithstanding the disclaimer of liability under Clause 13 of the policies of insurance still the arbitration clause survived'. It would be evident from
M/S Apr Constructions Ltd. vs Union Of India Rep By on 23 August, 2018
arbitration agreement.
45. In Young Achievers v. IMS Learning Resources Private
Limited1 , the Supreme Court considered the question whether an
arbitration clause survives after ... contain
any arbitration clause. In this context, the Supreme Court
concluded that the arbitration agreement did not survive. The
relevant extract of the said judgment
Counsel
appearing for Sri Vikram for the petitioner submits that the
arbitration clause survives for the resolution of disputes, even
when the respondent claims that ... termination due to breach, the arbitration clause does
not get perished nor is rendered inoperative; rather it
survives for resolution of disputes arising
petitioner. It is further pointed out that clause 10 of the
agreement contains an arbitration clause and the
managing Director of the Railways ... read with seventh Schedule appended to the Arbitration
and Conciliation Act, 1996 , still the Arbitration clause
would survive for consideration. In support of his
submissions
under the terms of the contract agree to
incorporate an arbitration clause, that
clause stands apart from the rights and
obligations under that contract ... determination of
the rights and obligations of the parties,
the arbitration clause also survives. This
is not a case where the plea is that
subject matter of
the arbitration proceedings."
4. It is submitted that in compliance of the above
clause the petitioner has appointed Sri. A. Jagannathan ... Claim Certificate'. Once the
contract stands discharged arbitration clause would not
survive for consideration.
6. There is no dispute with regard to arbitration
clause
dated 01.11.2016.
3. Clause-12 of the said Agreement, which is an
Arbitration clause reads as under:-
"12. ARBITRATION: In the event ... enforce the same in a court
having jurisdiction. The arbitration clause shall
survive the termination of this agreement."
4. It is submitted that
follows:
" Arbitration and Conciliation Act, 1996 , Sec.8 -
Applicability of - Original agreement/s containing
arbitration clause - Supersetion of such agreement by
a fresh agreement ... simple
novation of original contract by mutual consent - An
arbitration clause cannot survive if the agreement
containing arbitration clause has been
superseded/novated
