Nariman, the new discovered elder guidance, while you are relying on new judgments from the cases of Turnock v
108. Mr. Sartoris [1888 (43) Chancery Division, 1955 SCR 862], Taunton-Collins v. Cromie Anr., [1964 Vol.step one Weekly Law Accounts 633] and you will Sumitomo Agency v. Dvds Monetary Characteristics (Mauritius) Ltd. while others [(2008) cuatro SCC 91] once more highlighted your people for the agreement need to be parties on the match and possess the reason for action can not be bifurcated unless of course discover a certain provision on the 1996 Operate itself helping for example bifurcation otherwise busting away from cause for action. The Centennial escort service guy and contended that there surely is zero provision for example Areas 21 and you may twenty four of one’s 1940 Work on the 1996 Operate and you can therefore, it helps the view you to bifurcation off reason for action is impermissible and you can such as for instance mention of arbitration isn’t permissible.
109. When it comes to Taunton-Collins (supra), the latest Judge once more conveyed the view it absolutely was unwanted one there has to be one or two procedures prior to one or two more tribunals, we.age., the state referee and you may a keen Arbitrator, while they can get arrive at contradictory findings. Read more →