Judgments - Sole Arbitrator
VIMAL KISHOR SHAH & ORS. Vs. JAYESH DINESH SHAH & ORS.
The basic question, which arises for consideration in this appeal, is whether a clause in a Trust Deed, which provides for resolving the disputes arising between the beneficiaries of the Trust through arbitration, can constitute an “arbitration agreement” within the meaning of Section 2(b) and 2(h) read with Section 7 of the Act and whether the application filed Full Judgment
M/S. SAB INDUSTRIES LIMITED Vs M/S. GAS AUTHORITY OF INDIA LTD AND ANR
M/S KSS KSSIIPL CONSORTIUM THRO. ITS CONSTITUTED ATTORNEY MR. DEVENDRA KUMAR VERSUS M/S GAIL (INDIA) LTD.
-There can be no manner of doubt that before exercising the power under Section 11(6) of the Arbitration Act to make appointment of an arbitrator the Court will have to decide on the existence of an arbitrable dispute/enforceable claim by and between the parties to the contract. The existence of a claim and denial thereof giving rise to a dispute is required Full Judgment