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 ... relationship, whether contractual or not. (2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form
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 ... authority
is bound to refer the matter to arbitration once the
existence of a valid arbitration clause is established.
Thus, the judicial authority is entitled
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
relationship, whether contactual or not.
(2) An Arbitration Agreement may be in the form of an Arbitration Clause in a contract or in the form ... 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
given. On 10th November, 1984,
respondent No. 1 invoking the arbitration clause, requested
the Managing Director of Appellant to appoint a sole
arbitrator to adjudicate ... 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
parties shall be finally settled by arbitration conducted
in accordance with the Rules of American Arbitration
Association. The arbitration proceedings shall be held in
Pennsylvania ... held to the bargain of arbitration
and even the plaint should yield in favour of the arbitration
clause.
iv) All agreements executed between the parties
initiation of such arbitration proceedings on the ground that there is no
arbitration agreement or validity of the arbitration clause or the
competence ... case, there is no dispute about the arbitration agreement
inasmuch as there is a specific arbitration clause in the partnership deed.
However, the question
contract between the parties
does not contain a provision for arbitration, an arbitration clause contained in
24
an independent document will be imported and engrafted ... contract between the parties does not contain a provision for
arbitration, an arbitration clause contained in an independent document will
be incorporated into the contract
