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 ... bound by arbitration agreement
as they were not party to tripartite agreements having arbitration clause.
Learned counsel would also submit that the decisions relied upon
common Arbitrator to decide all the
disputes in a tripartite arbitration or approach the Delhi International
Arbitration Centre for appointment of a sole Arbitrator. Despite ... arbitration. Such arbitration shall be conducted in
ARB.P. 163/2019 Page 9 of 17
Petitioner and accordance with the provisions of the (Indian)
Arbitration
Section 43(4) of the
Arbitration Act. Also if Respondent's contention of incorporation of
arbitration clause in Tripartite Assignment Agreement ... Arbitration Act , where existence of Arbitration Agreement
is alleged, but is not denied, amounts to an Arbitration Agreement
between the parties. That in the present
Tripartite Agreement.
The terms of the tripartite agreement suggest that the parties did not intend to
resolve their disputes through arbitration. Additionally, it is argued ... there is an arbitration clause in the BBA which cannot be
disputed. However, since there is no arbitration clause in the Tripartite
Agreement which
Section 43(4) of the
Arbitration Act. Also if Respondent's contention of incorporation of
arbitration clause in Tripartite Assignment Agreement ... Arbitration Act , where existence of Arbitration Agreement
is alleged, but is not denied, amounts to an Arbitration Agreement
between the parties. That in the present
arbitration and final decision in accordance with the Arbitration and Conciliation Act, 1996 and/or any statutory modifications thereof. The arbitration shall be conducted ... thus :-
"11. Arbitration
All unresolved disputes shall be resolved through the process of arbitration shall be conducted as per the Arbitration and Conciliation
Petitioners that
reference to arbitration has to be made by invoking the
Arbitration Clause in the Tripartite Agreement which reads
as follows ... Arbitration and Conciliation Act, 1996 as
without any arbitration clause, the provisions of the
Arbitration Act,1996 cannot be triggered.
12.4 However, it is made
from proceeding with the
arbitration. He also held that DR had failed to prove that any
provisional concluded arbitration agreement had come into
existence between ... also held that in the absence of any tripartite arbitration
agreement, it may not be possible to decide the obligations
between BINDAL
Indian Railways Catering & Tourism ... vs Cox & Kings India Ltd. & Anr. on 6
said arbitration proceedings and that
the defendant never acted for the plaintiff in the said proceedings. It is
further claimed that as the arbitration proceedings ... JAMS. On 01.09.2017 JAMS gave a notice
for commencement of Tripartite Arbitration.
7. It is the case of the plaintiff that the arbitration agreement entered
