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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11 (6) , Section 16

Arbitration Clause - Agreement entered into between the parties in which arbitration clauses 27 and 28 were incorporated that the licensed premises are public premises as defined in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and fall within the jurisdiction of the Estate Office and in case of any dispute arising out of or in connection with this agreement the disputes shall be referred to the sole arbitration of the Chairman, India Trade Promotion Organisation or his nominee whose decision/award shall be final, conclusive and binding on the parties - Findings by High Court on the writ petition filed by the ITPO holding that the matters enumerated under Section 15 of the P.P. Act cannot be referred to arbitration for adjudication for arbitrator - Held that the clause 28 in the agreement on the case on hand is not an arbitration clause - Therefore, the appointment of an Arbitrator by the nominee of the Chief Justice has been rightly set aside in the impugned judgment by the Division Bench of the Delhi High Court - The other proceedings involved in this case, if any, pending under the provisions of the P.P. Act before the Estate Officer, the same shall be continued by him.

Topic(s)-Clause not related to arbitration - Arbitration not maintainable