matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or under ... Court, refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement exists.] [Substituted by Act No. 3 of 2016 dated
authority is
mandated to refer a dispute for arbitration if there
is a valid arbitration agreement and parties apply not
later than the date ... matter which
is the subject of an arbitration agreement
shall, if a party to the arbitration agreement
or any person claiming through or under
itself involves a challenge to the arbitration
agreement; if there is a concluded contract the arbitration
agreement is valid. If there is not a concluded ... validity of the arbitration
agreement. If that is so, a suit cannot lie for a
declaration that the arbitration agreement is valid because
the prayers
matter which is the subject of an arbitration agreement
shall, if a party to the arbitration agreement or any person
claiming through or under ... Court, refer the parties to
arbitration unless it finds that prima facie no valid arbitration
agreement exists."
37. Vidya Drolia26, in which concurring opinions
prima facie the arbitration
agreement exists, then it shall refer the dispute to arbitration, and
leave the existence of the arbitration agreement to be finally ... existence of the arbitration agreement and if the
arbitration agreement exists, matter is to be referred to arbitration. Thus
it is implicit in the judgment
arbitration agreement includes
only the determination of the following:
92. Whether the arbitration agreement was in
writing? or
93. Whether the arbitration agreement was
contained ... arbitration agreement (i.e. the arbitration clause) has a
stand-alone existence, independent of the main agreement between the
parties, the arbitration agreement would survive
which is the subject matter of an arbitration agreement to
arbitration. If the existence of the arbitration agreement is admitted, all that
the Court ... arbitration "agreement". subject of an
agreement shall, if a (ii) after sub-section (1), add arbitration agreement
party so applies not "Provided
Arbitration Act, which defines an
arbitration agreement as follows:
“7. Arbitration agreement. — (1) In this Part, “arbitration
agreement” means an agreement by the parties ... form of a separate
agreement.
(3) An arbitration agreement shall be in writing.
Page 19 of 37
(4) An arbitration agreement is in writing
matter which is the subject of an arbitration agreement shall, if a
party to the arbitration agreement or any person claiming through
or under ... Court, refer
the parties to arbitration unless it finds that prima facie no valid
arbitration agreement exists.
.........."
19. Insofar as question of scope
limited arrangement itself
constituted a valid arbitration agreement. According to the
learned Senior Counsel, there are two arbitration agreements,
one for substantive disputes and another ... definition
of "arbitration agreement" under Section 7 of the
Act, even if there was no arbitration agreement in
writing as such signed
