Nariman, the fresh learned elder counsel, while you are counting on the brand new judgments regarding the instances of Turnock v

108. Mr. Sartoris [1888 (43) Chancery Department, 1955 SCR 862], Taunton-Collins v. Cromie Anr., [1964 Vol.1 Weekly Rules Records 633] and you can Sumitomo Firm v. Cds Monetary Qualities (Mauritius) Ltd. and others [(2008) cuatro SCC 91] again highlighted that the events with the arrangement need to be activities towards the match as well as have that the reason behind step can’t be bifurcated until there’s a particular provision on 1996 Act alone escort backpage Bellevue helping for example bifurcation otherwise breaking out of cause for action. The guy as well as debated that there is zero provision such Sections 21 and you can twenty-four of the 1940 Act regarding 1996 Work and you may therefore, they supports the scene that bifurcation off cause of step try impermissible and you can for example regard to arbitration isn’t permissible.

109. In the example of Taunton-Collins (supra), the Judge once again indicated the view that it was undesirable one there needs to be several proceedings prior to a couple of additional tribunals, we.age., the state referee and you may a keen Arbitrator, as they may come to contradictory findings. Continue reading »

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