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1 - 4 of 4 (0.17 seconds)The Arbitration Act, 1940
Chiranji Lal Multani R.B. (Private) ... vs Union Of India (Uoi) Through Secy. Dept. ... on 15 January, 1963
In M/s. Chiranji Lal Multani R.B. Pvt. Ltd. v. Union of India (AIR 1963 Punjab 372.), it was held that "no arbitration clause in a contract can include the power of an Arbitrator to adjudicate upon a question repudiating the whole contract, which alleges matters de hors the contract, but which render it null and void. It is not within the competence of an Arbitrator to adjudicate upon the enforceability of a contract either on account of lacuna of law or by virtue of pre-disposal conditions."
The Saraswati Industrial Syndicate ... vs The Chairman Sugar Mill, Machinery ... on 24 November, 1989
Of course, there was an agreement between the Miller and the Corporation but if that agreement is not valid agreement for the purpose of arbitration agreement, such an agreement cannot be invoked for the purpose of Section 8 of the Indian Arbitration Act. The case of the Corporation is that since the Miller did not furnish bank guarantee, therefore, there was no enforceability of the arbitration agreement. There is a merit in the contention of the learned counsel for the petitioner Shri Gopi Chand. It has been held in The Saraswati Industrial Syndicate Limited v. The Chairman Sugar Mill ((1990-1) 97 PLR 286.), that arbitration agreement for the purpose of Section 2(a) is to be seen in substance and not the form of an arbitration clause which is material. The Court held that if there is no valid arbitration agreement between the parties, the dispute cannot be referred to the Arbitrator. In order to refer to matter to the arbitration there should be a valid and binding arbitration agreement and there should be an intention to refer the matter to the arbitration. Such an agreement must be in respect of present or future disputes and it must be in writing of course, the signatures of the parties on the agreement are not required. The stand which taken by the Miller before the Trial Court was that this aspect of the case whether there is valid arbitration agreement or not will be examined by the Arbitrator. This plea is not acceptable.
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