GULF INDUSTRIES versus HEBEI (CMEC) MACHINERY AND EQUIPMENT INCORPORATED, CHINA
Retention of suit for dismissal of section 34 of the Arbitration Act 1940 will be successful if the application for the establishment of a suit for arbitration is disclosed in the three terms set forth in Section 34, Arbitration Act 1940. On the contrary, the absence of any reason why the matter should not be presented in accordance with the arbitration agreement and that the applicant was ready and willing to do all the necessary work for the proper holding of the arbitration where the said circumstances existed. Are shown. , The request for arbitration cannot be dismissed simply because the various other parts of the agreement were discussed at different times with no arbitration clause.
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