Vol. 4,
Issue-IV June
2020
Arbitration
Agreement and its Construction: An Analytical Study
*Varsha Singh
Abstract
The primary
objective of this paper is to analyze how arbitration has evolved as an
alternative to dispute resolution apart from regular and cumbersome court
proceedings. The researcher has further dealt with the relevance of an
arbitration clause in the contract. How one need to be cautious while drafting
an arbitration agreement. In this paper researcher has extensively discussed
the essential elements of an arbitration agreement and when an agreement will
be considered to satisfy the provisions lay down under section 7 of the
Arbitration Act, 1996. The researcher has also traced down the trend followed
in India while interpreting the existence of valid arbitration agreement. The
relevance of words may and shall use in the agreement and what impact it has on
the validity of the contract. In this paper researcher has confined her
discussion to the importance drafting arbitration agreement in Indian context
and has not extended her research to other jurisdictions.
Key word: Arbitration, Settlement
of cases, Arbitration mechanism,
What is Arbitration?
In general terminology we say Arbitration is nothing
but an alternative method of dispute resolution between the parties by a third
impartial person or tribunal without intervention of judicial institutions. The
third person acts in an independent manner while arriving at settlement and is
referred as an ‘Arbitrator’. If we draw an analogy then an arbitrator holds a
position similar to that of a judge. In most of the cases appointed arbitrator
has an expertise in the area of dispute which arises between the parties.
In legal terminology arbitration is understood as
dispute adjudication which may or may not be administered by any permanent
“arbitral institution”.[1]
Bernstein has defined arbitration as “A mechanism for
the resolution of disputes which takes place usually in private pursuant to an
agreement between two or more parties, under which the parties agree to be
bound by the decision to be given by the arbitrator according to law or, if so
agreed, other considerations, after a fair hearing, such decision being
enforceable at law”[2]
According to WIPO arbitration is a mechanism whereby
parties agree to submit their dispute to an independent arbitrator whose
decision is final and binding upon them. It is an option adopted by parties
where they prefer to go for private dispute settlement rather than going
through cumbersome court proceedings.
ESSENTIALS
OF ARBITRATION:
By going through
all these definitions we can that following are the essential characteristics
of arbitration:
Arbitration is consensual in nature: for an arbitration to take
place consensus ad idem between the parties is an essential requirement.
Parties entering into contract insert an arbitration clause or enter into
separate arbitration agreement whereby they agree to resolve all future
disputes arising out of such contract by way of arbitration. Once entered into
arbitration later parties cannot withdraw from it unilaterally.
In arbitration parties have right to choose the arbitrator(s): under
arbitration parties get the option of deciding mutually and appoint a sole
arbitrator or they can also appoint three members tribunal. In case they want a
three member’s tribunal then both the parties appoint one arbitrator each and
later both the arbitrators together decide and agree upon third arbitrator who
also acts as a presiding officer.
Arbitration is impartial and neutral: the decision arrived at in
arbitration is fair and free from bias. In case of international commercial
arbitration parties are given freedom to decide seat of arbitration, law to be
applied and language of arbitration process. In other way it also looks after
that no country enjoys home court advantage over the other.
The award delivered by arbitrator is final and binding upon the
parties: Arbitration being different from litigation hearing power is
conferred upon third party. It can be an individual or a tribunal, in case of
tribunal n number of arbitrators can decide upon the issue. However, it is
insisted to have odd number of arbitrators, usually one or three are
preferable. Odd numbers of arbitrators are recommended to avoid tie. It is
binding in nature thus different from other alternative mode of dispute
settlement for example negotiation, mediation, conciliation etc.
Private settlement of dispute without court intervention: Arbitration
is an alternative mode of dispute resolution whereby there is no judicial
intervention by the courts. However, the settlement must ensure that outcome is
not against public interest.
Arbitration process is convenient, flexible and private affair: the
place and time of arbitration are decided as per the convenience of parties and
there is no strict procedure to be adopted. The procedure adopted must be
legally enforceable it doesn’t matter if the same is tailor-made and
simplified. Arbitration is also preferred means of dispute resolution as final
award are not published or made accessible to the outsiders. Hearings take place in a private meeting and
are kept confidential.
Arbitration
is like splitting the child:
In arbitration process there is no strict liability to
follow law of evidence or other procedural laws. However, arbitration is
required to deliver award keeping in mind the principle of natural justice.
Therefore, in words of Thomas Crowley arbitrator can go on granting both the
parties relief to some extent if not completely. There is no mandate on part of
arbitrator to grant complete relief to one party. His partial relief for what
was requested by the parties, leave them with an impression that justice was
not delivered. As no appeal lies from the arbitration unless there exist prima
facie evidence of fraud, corruption, biasness on the part of arbitrator.[3]
Steps in Arbitration
|
Initiation of Arbitration
agreement |
|
Appointment of Arbitrator or Arbitral
Tribunal |
|
Preliminary Meeting |
|
Statement of claim
and response |
|
Discovery and
Inspection |
|
Interchange of evidences |
|
Hearing of Parties |
|
Legal Submission |
|
Award declaration |
what is
arbitration agreement
At some point or other we all have entered into an
arbitration agreement. When we click on agree icon while doing online shopping
or agree to certain terms and conditions while downloading any application. We
have entered into such agreements without even realizing the same.
In lucid terms arbitration agreements are nothing but
consensus in writing between the parties signed in the beginning of any
contractual relationship to resolve any disagreement in future through
arbitration. It is one of the alternative modes of dispute settlement mechanism
which gives parties to any contract to refer their future dispute to a third
party who is impartial while adjudicating and arriving at solution. Third party
is referred as an “Arbitrator”. In India arbitration law is governed by the
Arbitration and Conciliation Act, 1996(herein after referred as the Act),
section 2(b) of this Act defines arbitration agreement as those agreements
given under section 7 of the Act.
Section 7 defines “arbitration agreement” as one where parties mutually
decide to pass all or any particular conflicts arising between then or those
which have already arisen (submission agreement). The agreement to refer to
arbitration must be with respect of defined legal relationship.[4]
Requirements for a valid arbitration agreement, under section 7:
●
It may be in the form
of separate agreement of added as an arbitration clause in the contract itself.
●
The agreement must be
in writing. It is considered to be in writing if:
o It the same is included in document signed by respective
parties
o If the same is in the form of telex, by way of exchange of
letter, other mode of telecommunication , telegram, postcard, communication via
email or other electronic modes.[5]
o If there exist any proof of statement between the parties
in which one has alleged existence of arbitration agreement and the other party
has not repudiated such claim.
●
Lastly if any
reference is made in a contract between the parties to any document which has
an arbitration clause in it then the same is considered as a valid arbitration
agreement if such contract is in writing.
Advantages and disadvantages of “Arbitration Agreement”
|
Faster and less expensive
than court litigation |
Award is non-appealable in
court of law |
|
Private affair thus
confidential |
Decision to arbitrate taken
well in advance later cannot turn around to court settlement |
|
Right to choose arbitrator
(having specialized technical knowledge) |
Entering such agreements
means giving up certain important legal rights |
|
Final and binding decision |
Agreements can be impartial
favoring the party who wrote such agreement |
|
Arbitration allows for more
creative ruling than civil courts can give. |
|
Essentials of Arbitration
Agreement:
|
Written Agreement |
Intention |
Signature |
1. As per section 7(4) of the Act arbitration agreement must
be in writing. Further certain examples are given which validates that such
agreement is in writing.
2. “Consensus as idem” or meeting of minds is the prime
ingredient of arbitration agreement. For an agreement to be a valid one it need
not contain words like “arbitration”, “arbitrator” etc. What is important is that from the
arbitration clause or agreement intention of the parties to refer their dispute
to arbitration was clearly discernible.[6] Mere
use of words such as "parties can, if they so desire, refer their disputes
to arbitration" or "in the event of any dispute, the parties may also
agree to refer the same to arbitration" or "if any disputes arise
between the parties, they should consider settlement by arbitration" will
not render an agreement to be a valid arbitration agreement.[7]
3. Third essential ingredient of an arbitration agreement is
signature of the parties on the agreement in question. It need not be signed by
both the parties simultaneously and thus one party may draft an agreement which
has arbitration clause in it and the other party puts his signature thereto.
Essential characteristics of Arbitration
Agreement:
According to Mustill and Boyd following attributes must be present in
an arbitration agreement:
1.
The arbitration
agreement must ensure that the outcome of arbitral tribunal decision or award
given by the arbitrator will have a binding effect on the parties and the can
cannot be appealed against.
2.
The tribunal’s
jurisdiction to adjudicate upon the rights of the parties who have entered into
an arbitration agreement must be arising out of consensus ad idem between the
parties or out of statute or by way of order of the court and there must be
clarity regarding settlement of dispute by way of arbitration.
3.
The consensus ad idem
between the parties to refer their dispute to arbitrator and their intention to
get the decision of arbitrator or tribunal enforced by way of law must also be
clear.
4.
The arbitration
agreement must make it clear that any dispute relating to substantive rights of
the parties will be decided by the sole arbitrator or institution which parties
have agreed for in the arbitration agreement.
5.
The arbitration
agreement should also make this clear that the dispute to be adjudicated by the
tribunal is formulated prior to its reference to the tribunal to adjudicate
upon.
6.
The adjudication upon
the dispute by the arbitrator regarding rights of the parties must be done in
an neutral and impartial manner. While hearing and deciding upon the dispute
the tribunal must follow the principle of fairness and natural justice towards
parties.
The above mentioned attributes were upheld by Hon’ble
Supreme Court to be essential for a valid arbitration agreement in K.K. Modi case.[8] Supreme Court has cited in other cases as
well that these essential attributes of an arbitration agreement need not be in
expressed form its implied meaning is also to be taken into consideration.[9] Further
Supreme Court also held that given that above mentioned attributes are
essential for arbitration agreement and thus it is different from ‘expert
determination’ or ‘reference to an expert’. The intention of parties is to be
assembled from the terms laid down by tem in the agreement, and mere
possibility of going for arbitration does not constitute a valid arbitration
agreement.[10]
In another case of Jagdish Chander v. Ramesh Chander[11] clause 16
of the contract was in question, which read as follows:
●
Clause 16: “If during
the continuance of the partnership or at any time afterwards any dispute
touching the partnership arises between the partners, the same shall be
mutually decided by the partners or
shall be referred for arbitration if the parties so determine”
Going through the
essential ingredients of a valid arbitration agreement Hon’ble Supreme Court
held that in the present case intention to refer dispute to third party for
adjudication was not clear. Therefore, there was no valid arbitration agreement
between the parties. One need to apply his mind carefully while drafting an
arbitration agreement and intention to go for arbitration and willingness to be
bound by the decision of the arbitral tribunal must be clear. Therefore it was
held that power under section 11 of the Act can be exercised only when there is
a valid arbitration clause, which was missing in the present case.
In M/S
Linde Heavy Truck v. Container Corporation of India Ltd.[12] Clause read as under:
"...that in
case either party may require that the dispute be referred for resolution by
arbitration..."
Court held that the
use of word may require in the
clause does not clearly establishes the intention of the parties to go for
arbitration. Thus, agreement was held not to be a binding one.
Further in case of Smita Conductors Ltd v. Euro Alloys Ltd.[13] Court SC
held that the agreement must be in
writing even if there was no contract or telegram confirming clause between the parties, but in certain
correspondences between the parties the was an indication of contract
containing arbitration clause. Further, the same was not disagreed by any of
the parties during correspondence, nor did they disagree with presence of
arbitration clause. Therefore, court concluded that there was valid arbitration
agreement in writing existing between the parties. The court held that Article
II Para2 of New York Convention[14] and
section 7 of Arbitration Act are pari material to each other.
According to Article II Para 2[15] an
agreement is considered to be in writing if it contains any of these four
elements:
1.
Presence of
arbitration clause
2.
In a contract signed
by the parties
3.
An arbitration
agreement signed by the parties
4.
An arbitral agreement contained in telegram,
in exchange of letters or othermode of correspondence.
Finally court concluded that if the arbitration
clause falls under any of these four categories then it must be considered as
an agreement in writing.[16]
Apart from agreement being in writing Hon’ble Supreme
Court further held that there must be clear intention on part of both the
parties and they should agree in writing to be bound by the decision of
arbitrator or arbitral tribunal. There must be consensus ad idem between the
parties.[17]
Further, in case of Shakti Bhog Foods Ltd. v. Kola Shipping Ltd.[18] SC
held that from the ingredients given under section 7 of the Act it is easy to
establish presence of an arbitration agreement by inferring to documents signed
by the parties or any correspondence between parties via emails, letters,
telegrams, telex etc. what is required here is that there must exist record of
such agreement, it can be in any other means of telecommunication also.
Drafting of an
arbitration clause
While drafting an arbitration clause following
points with respect to arbitration must be taken care of:
1.
Nature of disputes to be resolved: this clause ensures that there is clarity of mind between
the parties regarding nature of disputes they are agreeing to be settled by way
of arbitration. Further, whether they intend to solve all or any particular
dispute arising in future by way of arbitration must be made clear in the
clause.
2.
Appointment of arbitrator – Procedure: Section 11 of the
Arbitration Act is the governing provision with respect to appointment of
arbitrator in India. It says that person of any nationality can be appointed as
an arbitrator unless otherwise expressly agreed between the parties to appoint
arbitrator of any particular nationality.[19]
There is no strict rule regarding procedure to be followed during appointment
of arbitrator by the parties. They are free to adopt any procedure they want to
for the appointment. They can have a clause regarding appointment of sole
arbitrator or tribunal whereby one arbitrator each is appointed by the parties
and selected arbitrators appoint the third arbitrator as the presiding officer
of the tribunal. However, in case of international commercial arbitration there
is a restriction on appointment of arbitrator having nationality same as that
of either of the parties to the dispute.
3.
Seat of Arbitration:
This clause in the agreement clearly mention the place where sitting of
arbitration will take place. The seat also becomes important because it will
identify the procedural laws to be followed during the arbitration process.
However, procedural laws to be followed need not be same as the seat where
hearing takes place. Procedure of arbitration doesn’t get affected by the seat
of arbitration agreed upon by the parties in the arbitration agreement. Use of
word place of arbitration in the agreement should be avoided if the intention
of the parties is to refer to it as ‘seat’, use of word seat denotes that
parties intend to submit their dispute to a particular jurisdiction. Take for
example it is preferred to have seat at such place where property in dispute is
situated.
4.
Qualification of arbitrator: section 10 of the Arbitration and conciliation Act, 1996
is the governing provision with respect to number of arbitrators to be
appointed or qualification of a person to be appointed as an arbitrator. The
number of arbitrators to be appointed to arbitrate upon any dispute arising
between the parties can be determined by the parties. In case no number is
specified by the parties in the arbitration agreement of arbitration clause
then sole arbitrator will be appointed by the arbitrator.
5.
Law governing Arbitration process: most of the dispute arising with respect to arbitration
agreement relates to law that will be governing the dispute arising between the
parties. It is majorly referred as substantive law of arbitration agreement.
Therefore, parties while drafting an arbitration agreement must ensure that
they decide upon the law they want to be governed by in case any dispute arises
between them. If there is no clarity with respect to governing law of
arbitration it will give rise to disputes in the future.
6.
Language to be used in Arbitration: having decided in advance on the language to be used in
arbitration saves parties a lot of money which they would otherwise sped on
translator. Therefore, having mention in the arbitration agreement regarding
language to be used makes the whole process cost effective and saves parties
from any further dispute and ambiguity. In a country like India where more than
two are spoken it is advised to have mention of language in order to have an
effective resolution of disputes.
7.
Name of the Arbitration Institution if any: if parties have agreed to refer their dispute to any
particular arbitration institution then it is pertinent to mention the same in
their arbitration agreement. Along with the name of the institution the parties
are also required to mention branch they intend to go to if the centre has
multiple branch in multiple cities. The parties should ensure that the words
used in the agreement are not vague and unambiguous. If there exist any
ambiguity in the agreement with respect to name of institution that same can
lead to nullifying the whole arbitration clause of the contract.
8.
Type of Arbitration: there are majorly two type of arbitration.
One being Institutional Arbitration and the other one being Ad-hoc Arbitration.
Further, whether it is domestic arbitration or international. The parties
should clearly specify if the arbitration is fast track arbitration agreement.
In case they choose Institutional Arbitration then they cannot have liberty of
adopting their own set of rules for arbitration. These institutional
arbitration centers have their own set of rules which they follow during
arbitral proceedings conducted by them. However, in case of Ad-hoc Arbitration
parties are free to decide the rules governing the arbitration process and they
are responsible for arranging everything and no outside help is sought from
arbitration institutions.
9.
Confidentiality Clause: if
parties want the decision of the arbitration to be confidential, it is advised
that they put a confidentiality clause in their arbitration agreement. Even
though arbitration is a private affair it is not mandatory upon parties to keep
the award confidential unless mentioned otherwise.
10. Time Frame: the parties should also agree upon the time frame within
which the dispute must be settled. If no time frame is mentioned then the
arbitration process must be finished within one year, which is extendable by
another six months on reasonable grounds. If they have agreed got fast track
arbitration then process should be completed within six months, which is
extendable by another six months.
In case of Visa International Ltd. [20]delivered
by Hon’ble SC court came across the issue of interpreting arbitration clause
included in the MoU (Memorandum of Understanding) between the parties.
Arbitration clause read as under:
“Any dispute arising out of this agreement and which
cannot be settled amicably shall be finally settled in accordance with the
Arbitration and Conciliation Act, 1996.”
Court in this case held that there was a valid
arbitration agreement between the parties and therefore petitioners were
entitled for reference under section 11 of the Act. Further court said that
party once agreeing to arbitrate cannot go back from it. They are not allowed
to take advantage of “inartistic drafting”[21] of
arbitration clause. It will be
sufficient for courts to conclude that there was a valid arbitration clause if
the intention of the parties to go for arbitration is evident and clear from
the material on record and surrounding circumstances.
In another case of Power tech World Wide Limited[22]
Hon’ble SC held that the letters exchanged between the parties were sufficient
to prove the existence of valid arbitration agreement between the parties
because respondent did not disagree with it in any of his correspondence. There
was a consensus ad idem between the parties to the idea of having a common sole
arbitrator appointed to adjudicate upon the disputes arising out of the
contract between the parties.
Arbitration agreement v. Expert Determination
There has always been a grey area with respect to
treatment of agreement entered into by the parties. Whether the agreement
construes an agreement a under section 7 of the Arbitration and conciliation
Act or whether it is merely agreement to go for expert determination. According
to Russel, there have been several instances in the past and many cases have
been fought over the issue that whether the chosen form of dispute settlement
mode is an expert determination or arbitration.[23] In order
to find out the intention of the parties behind such clause one needs to make
an objective enquiry into the construction of the contract.[24]
Therefore, one should not arrive at any conclusions on the basis of words used
in the clause. Mere use of words “Expert Determination” or “Arbitration” won’t
be the conclusive prove regarding the nature of the agreement. Thus
nomenclatures of the agreements are only persuasive in nature and not final.
The test to determine whether an agreement is an
arbitration agreement or merely expert determination can be manifold:
●
The first instance is
the nature of “issue” between the parties. In case there is an dispute between
the parties regarding value of assets of the partnership firm because they did
not take any defined position beforehand, later when the issue came it was held
to be ‘expert determination’. Whereas, in cases where there exist “formulated
dispute” between the parties and they have taken defined stand regarding the same
then the case was held to be of arbitration.
●
The second thing to be
kept in mind is the nature of “function” to be performed by the arbitral
tribunal or expert. In case of arbitration, arbitrator performs a judicial
function whereas experts give their decision depending upon their expertise
knowledge only.
●
The third difference
between the two is that in case of arbitration principle of natural justice is
to be followed by the arbitrator whereas in expert determination, experts need
not follow the same. They have to decide upon the dispute by applying their
expertise.
●
Another difference
between the two is that in case of arbitration, award is delivered after
hearing the parties and taking into consideration the evidences and submissions
made thereof. Whereas in case expert determination this is not the case.
●
In case of arbitration
law governing the process of arbitration is to be mutually decided between the
parties unless there is any other consideration. While there is no governing
law in case of expert determination. The expert is not bound by any law and is
free to make his own enquiries and apply his own expert knowledge and give
decision on the basis of his own expert opinion.
In the leading case of State of U.P. v. Tipper Chand[25],
where clause 22 of the agreement was in question before the court
• Clause 22: “Except where otherwise specified in the
contract the decision of the Superintending Engineer for the time being shall
be final, conclusive and binding on all parties to the contract upon all
questions relating to the meaning of the specifications, design, drawing and
instructions herein before mentioned.”
It was held by the court that empowering
Superintending Engineer to take decisions with respect to above mentioned work
was to be done by him on his own and not after hearing the parties. Thus, his
work was more of a supervisor having an administrative control and he was not
to act as an arbitrator. Therefore it was held that the clause 22 was not in
the nature of an arbitration agreement rather it was more of an expert
determination sort of work assigned to the Superintending Engineer. He was not
supposed to take decision on the basis of reference made to him by the parties
rather he had to take decisions all by himself.
Therefore
in case of arbitration following conditions must exist:
|
Substantial right of parties in dispute |
|
Parties took defined positions |
|
Referred for adjudication |
|
Principle of Natural Justice followed |
May v. Shall
The word used in the arbitration agreement must
disclose an obligation as well as determination on the part of the parties to
go for arbitration in case of any dispute and it should not merely be
contemplation with respect to possibility that parties might think of going for
arbitration in future. In case of Wellington v. Kirti Mehta[26] it was
agreed between the parties that any difference of dispute arising between the
parties in future ‘may’ be referred to arbitrator[27] as per
1940 Act. It was held by the court that the clause in question did not amount
to a valid arbitration clause and it was merely an enabling provision,
therefore requiring fresh consent of the parties in case they want to
arbitrate.
In case of Jyoti
Brothers v. Shri Durga Mining company[28] use of
word “can be settled” in the arbitration agreement was held not to be a valid
arbitration agreement by the Calcutta High Court. Similarly in case of Gopal
Das v. Cota Straw Board[29] use
of word “may be” in the arbitration clause was held not to be binding upon the
parties unless fresh consent for arbitration was taken by them.
CONCLUSION
The drafting an arbitration agreement is an art of
careful and cautious way of including dispute adjudication in an unambiguous
and comprehensive manner. While drafting an arbitration agreement the contents
of it must be carefully read and negotiated between the parties. We can draw an
analogy of drafting an arbitration agreement with that of drafting a contract
under Indian Contract Act, 1872. Therefore after going through the meaning,
requirement and essential ingredients of an arbitration agreement we can
conclude by saying that, drafting of such agreement in a cautious manner is of
prime importance in order avoid future dispute between the parties with respect
to mode of dispute resolution to be adopted. Finally going through the
checklist the person drafting an arbitration agreement must ensure a) proper
identification of the parties to such agreement, b) whether those parties are
competent to enter into such agreement[30] c) there
should be clear reference of intention of the parties to go for arbitration, d)
mode of appointment of tribunal of arbitration or the arbitrator, e) what
qualification an arbitrator must possess also there should be mention of
special qualification required if any, f) language to be used during
arbitration process, g) what all disputes will be resolved by way of
arbitration mentioning the nature of disputes if any, h) the time period within
which the arbitration process should be completed (it should not exceed one
year) and to maximum it can be extended by six months,[31] and
lastly the drafting personnel must mention the confidentiality clause which is
to be abided by both the parties.
Thus we can say that insertion of Arbitration clause or entering into
an Arbitration agreement is a weapon which restricts judicial authority from
intervening into the matter.[32] If
there exist arbitration then even if claim is brought before the court of law,
it is their duty[33] to
send parties to arbitration unless on prima facie reading of the agreement,
court is of the view that these is ‘no valid arbitration agreement’ between the
parties.
References:
1. O.P. Malhotra, The Law
and Practice of Arbitration and Conciliation, 14th Ed. 2009
2.
David
St.John Sutton Judith Gill , Matthew Gearing
, Russell on Arbitration, Sweet
& Maxwell, 24th Ed. 2015
3. Surendra Malik Sudeep Malik, Supreme Court on Arbitration 2001-2012,
Vol.2, Eastern Book Company, 2013 Ed. Reprinted 2015
4. P.c. Markanda , Law Relating to Arbitration
& Conciliation, Wadhwa and Company Nagpur, Second Ed. 1997
5. Bernstein, Hand Book of Arbitration
practice, 3rd Edn. 1998
6. Kwatra G K., Arbitration and Alternative Dispute Resolution, 1996
7. Roychowdhury S.K., Law of Arbitration and Conciliation, Calcutta Law House 4th
ed., 1996
8. http://www.wipo.int/amc/en/arbitration/what-is-arb.html
***********************
* LL.M., Delhi University, Delhi
[1] Section 2(1)(a), The Arbitration and
Conciliation Act.1996
[2] Bernstein, Hand Book of Arbitration
practice, 3rd Edn. 1998,p.13
[3] Section 34, Arbitration and Conciliation
Act, 1996
[4] Chapter II, Section7(1), Arbitration and
Conciliation Act, 1996
[5] Chapter II, Section7(4)(b), Arbitration
and Conciliation Act, 1996 (Ins. by Act 3 of 2016, sec. 3 ( w.e.f. 23.10.2015)
[6] Bihar State Mineral Dev. Corpn. and Anr
v. Encon Builders (I) Pvt. Ltd, (2003) 7 SCC 418
[7] (1998) 3 SCC 573
[8] K.K. Modi v K.N. Modi & Ors: (1998) 3
SCC 573
[9] Bharat Bhusan Bansal v. U.P. Small
Industry Corporation Ltd., (1999) 2 SCC 166
State of Orissa v. Damodar Das, (1996) 2 SCC
216
[10] ibid
[11] (2007) 5 SCC 719
[12] 195(2012)DLT366
[13] (2001) 7 SCC 728
[14] Article II (1) New York Convention “a
defined legal relationship, whether contractual or not”
[15] ibid
[16] Powertech World Wide Limited vs. Delvin
International General Trading LLC:MANU/SC/0092/1998
[17] Bihar State Mineral Development
Corporation v. Encon Builders: (2003) 7 SCC 418
[18] (2009) 2 SCC 134
[19] Section 11, Arbitration and Conciliation
Act, 1996
[20] VISA International Ltd. v. Continental
Resources (USA) Ltd.: (2009) 2 SCC 55
[21] ibid
[22] Powertech World Wide Limited vs. Delvin
International General Trading LLC: MANU/SC/1333/2011
[23] Russel, Arbitration and Concilation
[24] ibid
[25] (1980) 2 SCC 341
[26] (2004) 4 SCC 272
[27] Arbitration Act, 1940
[28] AIR 1956 Calcutta 280
[29] 1970 WLN 572
[30] Section 11,Indian Contract Act, 1872
[31] AIR 1956 Calcutta 280
[32] Section 5, Arbitration and Conciliation
Act, 1996
[33] Section 8, Arbitration and Conciliation
Act, 1996
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