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
proceedings, being "commencement of the arbitration
proceeding", "continuance of arbitration proceedings",
"entering into reference" which in different context would ... claimant to refer the dispute to
arbitration. Commencement of an arbitration proceedings for
certain purposes is of significance. Arbitration
proceedings under
arising out of the contract" and, therefore, not referable
to Arbitration.
Words and phrases-"Arising out of", in relation ... referred to.
2.3 All the three claims referred by G.E.C. to the
Court of Arbitration of I.C.C. do "arise
piecemeal reference
resulting in splitting up the cause of action.
(3) The dispute sought to be referred was
not covered by the arbitration clause ... arbitration on the ground of fraud, hardly any arbitration
agreement in a matter in which accounting would be necessary
could be referred to arbitration. That
with the arbitration agreement as
defined under Section 2(a) of the Arbitration Act whereunder present
or future disputes can be referred to arbitration ... contend that they had objected to a
reference of future disputes being referred to arbitration in the letter
dated 11th November 2004 in respect
question arises during the pendency of the
arbitration or after the arbitration is completed
or before the arbitration is commenced. There
is no conceivable reason ... reference” means “in the matter of a
reference”. The word “reference” having been
defined in the Act as “reference to arbitration”,
the phrase
between the parties through arbitration under the rules of the London Court of International Arbitration.
2. Since the matter of arbitration was raised, we thought ... where the parties have made an agreement referred to in Section 44 , to refer the parties to arbitration, unless it finds that the said agreement
Arbitration Application") under section 8 of the
Arbitration and Conciliation Act, 1996 ("Act") seeking that the
matter be referred to arbitration ... ages by Mr. P and Mr. K - the matter cannot be referred to
arbitration. It was contended that an arbitral tribunal would not be
competent
referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 . The venue of the arbitration shall be at Bangalore ... before it to arbitration in accordance with the arbitration agreement.
6.Parties to the action before judicial authority and the arbitration agreement should
