supplementary agreement relied on by the petitioner is an "arbitration agreement", that is an agreement to refer any dispute to arbitration ... therein, to arbitration.
9. Section 7 of the Act defined an arbitration agreement, as an agreement by the parties to submit to arbitration
Arbitration Act.
26. Section 7 of the Arbitration Act reads:
"7. Arbitration agreement.--(1) In this Part,
"arbitration agreement" means an agreement ... form of a separate agreement.
(3) An arbitration agreement shall be in
writing.
(4) An arbitration agreement is in writing if it is
contained
arbitration agreement or contains anything that
detracts from an arbitration agreement, it will not be
an arbitration agreement. For example, where an
agreement requires ... consensus before a reference to
arbitration, is not an arbitration agreement, but an
agreement to enter into an arbitration agreement in
future.'
Emphasis Added
conditions for
activation of arbitration clause are fulfilled.
Therefore, mere fact that there is arbitration
clause in the agreement will not require
reference of dispute ... there is no
arbitration clause to resolve the inter se dispute between
the vendors. The arbitration clause in the agreement to
sell dated 02.11.2011 provides
constitution of the Firm.
The said deed included an arbitration clause (arbitration
agreement), which reads as under ... that if an agreement containing an
arbitration clause is superseded by another, the arbitration clause
in the earlier agreement would also stand terminated with that
arbitration
agreement is reproduced hereunder for easy
reference:
7. Arbitration agreement:
(1) In this Part, "arbitration agreement" means an
agreement by the parties ... form of a
separate agreement.
(3) An arbitration agreement shall be in writing.
(4) An arbitration agreement is in writing if it is
contained
vide Annexure-A contains the arbitration
clause. Clause-32 of the BPA is the arbitration
clause/agreement. The said clause makes it clear that ... objection with respect to the
existence or validity of the arbitration agreement, an
arbitration clause which forms part of the contract, has to
be treated
Agreement
contained at Clause No.20 in the Agreement of Lease
dated 20.04.2012 entered into between the parties.
2. Clause No.20 of the Agreement ... arose between the parties in relation to the
aforesaid Agreement containing the aforesaid arbitration
agreement/Clause, the petitioner invoked the aforesaid
arbitration clause and issued
disputed/denied the alleged agreement
dated 31.05.2022 alleged to contain the arbitration
clause/agreement said to have been entered into between the
parties. In this ... order that the petitioner
has not disputed/denied the existence of arbitration
agreement/clause in the contracts entered into between the parties,
is clearly
Arbitration Agreement contained at Clause No.17 in the Agreement
dated 17.03.2020 entered into between the parties.
2. Clause-17 of the said Agreement, which ... arose between the parties in relation to the aforesaid Agreement
containing the aforesaid arbitration agreement / clause
