arbitration agreement in an unstamped agreement
3.1 It is well settled in arbitration jurisprudence that an arbitration
agreement is a distinct and separate agreement, which ... validity of the arbitration agreement, except if
the arbitration agreement itself is directly impeached on the ground that the
arbitration agreement is void ab initio
validity of the arbitration
agreement, the arbitration clause, which form the part of the contract,
had to be treated as an agreement independent ... construing an arbitration
agreement. Under section 7(2) of the Arbitration & Conciliation Act, it
is provided that the arbitration agreement could
IACA in relation to the purported "arbitration
agreement", i.e. not an "arbitration agreement" within the
definition in the IACA ... mind that the Claimant's
Request for Arbitration is founded not in a separate
arbitration agreement contained in prior correspondence
arbitration agreement. It provides
that an arbitration agreement is required to be in writing.
However, it is settled law that the arbitration agreement need ... arbitration agreement, but Clause-16
of the Concession Agreement contains the provision of
arbitration. Sub-section (3) of Section 7 provides that an
arbitration agreement
stamp
duty payable on arbitration agreement. When arbitration agreement
though forms part of substantive agreement, it can be separable from
the substantive agreement ... invalidity or rescission of the arbitration
agreement.
29) The primary or substantive agreement and the arbitration
agreement may both be declared as illegal
arbitration agreement from the underlying contract is one of the cornerstones of
arbitration law. As Redfern and Hunter explain, an arbitration agreement is
juridically independent ... accordingly.
The Arbitration Agreement/Clause has to be treated to be a separate
agreement from the underlying agreement. Consequently, the Arbitration
Agreement/Clause will continue
dispute was to be referred to a named arbitrator.
A separate arbitration agreement, however, was arrived at between the
petitioner and the respondent under Section ... into between the petitioner and the
joint venture or was a separate arbitration agreement individually
between the petitioner and the respondent by virtue of executing
corresponding rights. An arbitration agreement is
an agreement on dispute resolution which is independently capable of specific
enforcement. Hence, an arbitration agreement can and does ... underlines the potential width of an arbitration agreement because
it establishes that an arbitration agreement has a separate life
from the matrix contract for which
contract, namely Agreement No.106 and
another contract, namely Agreement No.14 are two separate contracts and
there are two separate arbitration clauses. The arbitration ... Engineers Pvt. Ltd. Vs. The Union of India ]
arbitration agreement between the parties being arbitration agreement
within the meaning of Section 2(1)(b) read
question of validity of joint arbitration concerning the
same claim covered by two separate arbitration agreements to which the
Claimant is a common party ... there was
an arbitration agreement between A and B but there
was no arbitration agreement between A and C, it
might not be possible
