Arbitration And Conciliation Act, 1996
7. Arbitration agreement.
(1) In this Part, arbitration agreement means an agreement by the parties to submit to arbitration ... contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such
contract as well as general
conditions of contract. Each one of the Contract/Agreement for works under
split-up Packages contains an arbitration clause namely ... contract
of one of the parties to the contract shall form a part of their contract (as for example
the general conditions of contract
matter of substantive federal
arbitration law, an arbitration provision is severable from the remainder of the
contract. Second, unless the challenge is to the arbitration ... matter of substantive federal arbitration law,
an arbitration provision is severable from the remainder of the
contract.” Buckeye, 546 U.S., at 445; see also
disputes being referred to arbitration in
accordance with the arbitration rules of GAFTA, holding that the arbitration
clause from GAFTA Contract 15, was incorporated ... first contract and the second contract
and accordingly, only those terms and conditions are incorporated
into the second contract and not the arbitration clause
contract, it perishes with the
contract. If the parties substitute a new
contract for the contract which they have
abrogated the arbitration clause ... third settlement contract was
in substitution of the three contracts; and, after its
execution, all the earlier contracts were extinguished and
the arbitration clause contained
independent or separate
Contracts in discharge of the obligation to pay the purchase
price under the contract and since the Arbitration Clause
covered ... conditions of the contract and certainly "arose out of" the
contract of was "in relation to" the contract and therefore,
could
contract revived the original
contracts and therefore the parties to the
original contracts could enforce their terms including the
arbitration clause. The submission of Shri ... contract, it perishes with the contract. If the parties
substitute a new contract for the contract which they have
abrogated, the arbitration clause
contract, it perishes with the
contract. If the parties substitute a new contract for
the contract which they have abrogated, the
arbitration clause ... contract. The contract is still in existence for certain
purposes. But where the dispute is whether the said contract
is void ab initio, the arbitration
Arbitration, 2nd Ed.
(1990); Commercial Arbitration, 2nd Ed., Allen Redfern and
Martin Hunter, Law & Practice of International Commercial
Arbitration, 1986; Russel on Arbitration 20th ... arbitration is agreed to be conducted or any overriding
public policy.
The arbitration agreement contained in the arbitration
clause in a contract is often referred
quality of the thing contracted for which could have avoided
the parent contract which contained the arbitration clause;
and that the learned Single Judge ... pleaded in a suit on the contract or arising out of the
contract containing the arbitration clause
487
then the suit should be stayed
