arbitration unless it finds that prima facie no valid arbitration agreement exists.] [Substituted by Act No. 3 of 2016 dated 31.12.2015.] (2) The application referred ... certified copy thereof is not available with the party applying for reference to arbitration under sub-section (1), and the said agreement or certified copy
void to that extent. Exception 1.—Saving of contract to refer to arbitration dispute that may arise.— This section shall not render illegal a contract ... referred to arbitration, and that only the amount awarded in such arbitration shall be recoverable in respect of the dispute so referred. Exception 2.—Saving
from time to time remit the award or any matter referred to arbitration to the arbitrators or umpire for reconsideration upon such terms ... where the award has left undetermined any of the matters referred to arbitration, or where it determines any matter not referred to arbitration and such
referred to
arbitration in view of the existence of an arbitration agreement. Whether a
party has waived his right to seek arbitration and subjected himself ... three
issues referred by the appellant are the only disputes, it may be possible to
refer them to arbitration. But a mortgage suit
draw distinction between ‘validity
of an arbitration agreement’ and ‘existence of an arbitration
agreement’. Reference was made to observations of Kurian
Joseph, J. in Duro ... 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
relating to the law of arbitration and all proceedings of
arbitration were regulated by those provisions. Subsequently, the
Arbitration Act of 1940 was enacted ... Justice Chinnappa Reddy
referred to six decisions of this Court (which the learned Judge referred
to as cases where reference to arbitration was made
been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration ... arbitration agreement.] [Inserted by Act 36 of 1956, Section 7 (w.e.f. 10.3.1957). ] [(1-A) Where an arbitration agreement provides for a reference
parties, the Council shall either itself take up the dispute for arbitration or refer to it any institution or centre providing alternate dispute resolution services ... then apply to the dispute as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of section
differences arising there out or in connection therewith shall be referred to arbitration, the said term shall, if the receiver adopts the contract, be enforceable ... order directing that the matter in question shall be referred to arbitration in accordance with the agreement, and the Court
full and final discharge voucher to the insurer, can be referred to
arbitration.
The brief facts :
2
2. The respondent (Insured) obtained a standard Fire ... reference to the
arbitration inasmuch as the arbitration clause itself would perish."
In that case the question arose with reference to a claim
