judicial authority is restricted to a finding whether "no valid
arbitration agreement exists" and the nature of examination by the
judicial authority ... upon the word ".....unless it finds that prima facie no valid
agreement exists". The High Court observed that there is no
arbitration agreement
proposition that unless there is a valid arbitration agreement between the
plaintiff and the defendant no.1, the dispute of the defendant no.1 cannot ... should be at consensus ad idem and unless there is a valid arbitration
agreement between the parties it is not open for either
agreement referred to in section 44 were, under the law
applicable to them, under some incapacity, or the said agreement is not valid
under ... procedure was not in accordance with the
agreement of the parties that the agreement was not valid under the law to which
the parties have
parties to arbitration
unless it finds that prima facie no valid arbitration agreement exits. A
proviso below sub-section (2) is inserted to provide that ... agreement, as in the absence of such challenge, it has to be found that
the agreement was valid, operative and capable of being performed
Clause 44 was mutually agreed
between parties and therefore formed a valid arbitration agreement
(inasmuch as there was a clear agreement to arbitrate ... award-debtor's case that there was no
valid arbitration agreement and therefore, any other objections to the
validity or conclusiveness of the underlying
Lindsay International Pvt. Ltd. & Ors vs Laxmi Niwas Mittal & Ors on 18 September
goes without saying that a decision on
the existence of a valid arbitration agreement and/or whether the subject
matter of the suit is covered ... said Act. It is argued that to be a valid arbitration agreement under
the Arbitration & Conciliation Act, 1996 it has to be an arbitration
application, the
court must be convinced that there exists a valid arbitration agreement
between the parties, which has not been superseded, as held ... Issue
28. It is a trite proposition of law that a valid arbitration
agreement must exist between the parties and cover the dispute between
them
parties to
arbitration unless it finds that prima facie no valid arbitration
agreement exists.
The earlier Section 8(1) of the Arbitration and Conciliation ... judicial authority
is restricted to a finding whether "no valid arbitration agreement exists"
and the nature of examination by the judicial authority
Sona Majumdar vs Kishorilal Agarwal & Anr on 31 March, 2023
Author: Soumen Sen
Bench
