arbitration agreement and the dispute. Where the existence of the arbitration agreement and the existence of dispute between the parties is disputed, the Court ... dispute. Where the parties dispute the existnece of an agreement and the dispute thereunder, the Court shall decide whether there exists an arbitration agreement
with regard to the existence of arbitration
agreement. Even in the present Arbitration Petition, Petitioner has
not disputed existence of arbitration agreement. Even otherwise ... existence of arbitration
agreement. In any case, it is not necessary to delve deeper into this
aspect as Petitioner has not questioned existence of arbitration
with regard to the existence of arbitration
agreement. Even in the present Arbitration Petition, Petitioner has
not disputed existence of arbitration agreement. Even otherwise ... existence of arbitration
agreement. In any case, it is not necessary to delve deeper into this
aspect as Petitioner has not questioned existence of arbitration
pendency of the suit or arbitration proceedings filed …” must be
read as existence of a dispute “or” record of the pendency of
6
the suit ... unless the context otherwise requires,-
(6) “dispute” includes a suit or arbitration
proceedings relating to—
(a) the existence or the amount of debt
decide whether, in fact, there is in existence a valid
arbitration agreement and whether the dispute that is sought to be raised
before ... Dragging a party to an arbitration when there existed no
arbitration agreement or when there existed no arbitrable dispute, can
certainly affect the right
arbitration
agreement exists, then it shall refer the
dispute to arbitration, and leave the existence
of the arbitration agreement to be finally
determined ... arbitration agreement exists, then it shall
refer the dispute to arbitration, and leave the
existence of the arbitration agreement to be
finally determined
decide whether, in fact, there is in existence a valid
arbitration agreement and whether the dispute that is sought to be raised
before ... Dragging a party to an arbitration when there existed no
arbitration agreement or when there existed no arbitrable dispute, can
certainly affect the right
arbitration will not be cost effective; and (b) the
arbitration is pre-mature.
7. Be it noted that the respondent never disputed the
existence ... resolution of the disputes by the
arbitrator never disputed the existence of the arbitration clause. The
applicant vide letter dated 20.9.2006 in response
refer to arbitration nor a submission to arbitration, and it is not within the Act"
10. The existence of a dispute is an essential ... there is no dispute cannot be referred to arbitration. Failure to pay does not necessarily constitute a difference or dispute. A dispute implies an assertion
subject of arbitration. This would mean that
no arbitration clause exists in regard to all other
disputes, and no arbitration clause would exist in
regard ... restricted arbitration clause that specifically excludes
certain issues from arbitration, as a result of which, no
arbitration clause exists for those ‘other’ or ‘excepted’
disputes
