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CALCUTTA HIGH COURT
Bagchi, J
Gannon Dunkerley and Co. v. Union Carbide (India) Lt.
| Table of Content |
|---|
| 1. facts surrounding arbitration agreement and construction contract. (Para 1 , 2) |
| 2. arguments against reference to arbitration based on contract conditions. (Para 3 , 5) |
| 3. court's observations concerning validity and applicability of arbitration clause. (Para 4 , 6 , 8 , 9) |
| 4. ratio decidendi regarding appointment and authority of arbitrators under the arbitration act. (Para 7 , 13) |
| 5. final conclusion regarding court's power and discretion to appoint arbitrator and order filing agreement. (Para 10 , 11 , 12 , 14 , 15 , 16) |
| 6. order to appoint arbitrator and decide disputes. (Para 17) |
1. This is an application under S.20 of the Indian Arbitration Act for an order that the clause arbitration agreement be filed in Court and reference made. The arbitration agreement is a in a building contract subsisting between the parties. The defendant employed the plaintiff to do the construction work of a factory building to be used and occupied by Eveready Flashlight Company. The building contract provided for the certification of workmanship by a firm of architects to wit Messrs. Ballardie Thompson and Matthews. The contract further provided that the works shall be carried out to
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