question of validity of joint arbitration concerning the
same claim covered by two separate arbitration agreements to which the
Claimant is a common party ... arbitration agreement
with B and A also had a separate arbitration agreement
with C, there is no reason why A cannot have a joint
arbitration
agreement, the arbitration agreement
between the parties under clause 19 of earlier the agreement dated
August 23, 2012 was superseded by the arbitration agreement
contained ... arbitration
as per the arbitration agreement contained in clause 19 of the
agreement dated August 23, 2012 and not as per the arbitration
agreement contained
account of the validity of an arbitration
agreement.
10
10. Arbitration is a private dispute resolution mechanism whereby two
or more parties agree to resolve ... power being derived from an agreement
cannot bind and is non-effective against non-signatories. An
arbitration agreement between two or more parties would
arbitration agreement in an unstamped agreement
3.1 It is well settled in arbitration jurisprudence that an arbitration
agreement is a distinct and separate agreement, which ... invalid and
unenforceable. A two-judge bench of this Court considered the following two
issues :
(i) Whether an arbitration agreement contained in an unregistered
held that having regard to the express provision in the arbitration
agreement that two Gazetted railways officers shall be the Arbitrators, a
retired Judge could ... arbitration in terms of the arbitration agreement. The order dated
16.11.2005 of the Civil Judge, Junior Division directing reference to
arbitration within two months from
party to an
arbitration agreement. The term arbitration agreement is defined under
section 2(b) as an agreement referred to in section 7 . An analysis ... that Indowind is not a party to the arbitration agreement. In
the absence of an arbitration agreement between Wescare and Indowind, no
claim against Indowind
which excludes the concept of two tier
arbitration capable of being enforced under two different chapters..
A multi-tier arbitration may be held ... thus, being not
in consonance with having two tier arbitration which had two different
statutes governed by two different provisions and would be subject
thus:
15
“7 Arbitration agreement. —
(1) In this Part, “arbitration agreement” means an agreement
by the parties to submit to arbitration all or certain disputes ... referring
to the agreement which contained an arbitration agreement, with an intention
to make the arbitration agreement a part of their agreement. In the view
Governing Law
and Arbitration Agreement being Article XII of the Agreement as
null, void, inoperative and unenforceable; and that the
Arbitration Agreement has no legal ... apply prospectively, to all the arbitration
agreements executed hereafter.”
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whether any one of the parties to such arbitration agreement is an
Indian entity (either
arbitration agreement herein
is not a bare arbitration agreement but is clearly an
arbitration agreement as defined in section 2(a) of the
Arbitration ... arbitration agreement herein is
not a bare arbitration agreement but is clearly an
arbitration agreement as defined in s. 2(a) of the
Arbitration
