existence or validity of the arbitration agreement, and for that purpose, (a) an arbitration clause which forms part of a contract shall be treated ... void shall not entail ipso jure the invalidity of the arbitration clause. (2) A plea that the arbitral tribunal does not have jurisdiction shall
Arbitration And Conciliation Act, 1996
7. Arbitration agreement.
(1) In this Part, arbitration agreement means an agreement by the parties to submit to arbitration ... arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part
Section 7 of the Arbitration Act. Section 7 of the
Arbitration Act reads:
“7. Arbitration agreement. — (1) In this Part,
“arbitration agreement” means an agreement ... arbitration clause would constitute a valid arbitration agreement if
the contract is in writing and reference is made to the arbitration
clause that forms
amount, the notice be treated as one issued under Clause
20.9 (Arbitration clause) of the Lease Agreement. The
appellant did not pay the amount ... relevant to note the Arbitration clause in the Agreement.
Clause 20.9 of the Agreement is the Arbitration
clause, which is to the following effect
which also contained Claims 1 to 15. A copy of Clause 25, the Arbitration Clause, has also been filed by the petitioner. In its reply ... Arbitration Clause constitutes an Arbitration Agreement if the contract is in writing and the reference is such as to make that Arbitration Clause part
there is an arbitration agreement; (b) whether the arbitration
agreement is valid; (c) whether the contract in which the arbitration
clause is found is null ... proved it would bar a reference to the
arbitration inasmuch as the arbitration clause itself would perish."
In that case the question arose with
arbitration
clause 74 is very widely worded. Dealing with arbitration
clause, Court observed arbitration clause so widely worded,
as disputes arising out of the contract ... covered by the
arbitration clause. This clause while holding that the
dispute is covered by the arbitration clause observed that
looking to the rival contentions
three Arbitrators
designated in conformity with the relevant Rules. Clause 26, the
Arbitration clause, read as under:-
“Any dispute or difference arising under ... clause 16, which again were
similar to the termination clause provided in other agreements. This
Agreement did not contain an arbitration clause.
Supplementary Collaboration Agreement
initiation of such arbitration proceedings on the ground that there is no
arbitration agreement or validity of the arbitration clause or the
competence ... than the arbitration clause) is null and
void. The arbitration agreement survives for determining whether the
contract in which the arbitration clause is embodied
Corporate Guarantee itself has
its own separate and distinct arbitration clause. The arbitration clause of the
Corporate Guarantee i.e. clause (8) reads as under ... arbitration
clause constitutes an arbitration agreement if the contract is in writing and
the reference is such as to make that arbitration clause part
