arbitration in future, as contrasted from an
obligation to refer disputes to arbitration, there is no valid
and binding arbitration agreement…….
(iii) Where the clause ... attributes of an
arbitration agreement, the Respondents’ plea of non existence of a
valid arbitration clause, is seemingly an afterthought.
24. Even if we were
agreements were found to be valid, they were estopped from disputing the
existence of a valid arbitration clause and, thus, it should be presumed that ... existence a valid arbitration agreement and whether the dispute that is
sought to be raised before it, is covered by the arbitration clause
lacks the necessary
particulates to constitute a valid arbitration agreement. Further, according to
him, the arbitration clause in an agreement should have its own legs ... validly executed
contract. According to him, in the instant case there is no validly executed
contract as well as a valid arbitration clause
valid arbitration
agreement:
"7 . Arbitration agreement. --
(1) In this Part, "arbitration agreement" means an agreement
by the parties to submit to arbitration ... what constitutes a
valid arbitration agreement -
"9. A valid arbitration agreement constitutes the heart of an
arbitration. An arbitration agreement is the written
agreement
clause aforesaid in the agreement
would apply, ceasing the effect of the arbitration clause.
27. The counsel for the defendant states that the arbitration
clause ... called an arbitration clause. On the basis of clause 18
suit cannot be stayed. Clause 18 is not a valid arbitration clause
hence the application
words 'arbitration' and "arbitral tribunal" were not
required to be incorporated in a valid arbitration clause. As long as the other ... refer disputes to
arbitration, there is no valid and binding arbitration agreement.
(ii) Even if the words "arbitration" and "Arbitral Tribunal
valid Arbitration Agreement. As discussed
in detail, both the Partnership Deeds got validly executed and came into
existence and each contained the Arbitration Clause, which ... present dispute to the arbitration.
76. It is, therefore, held that there is a valid Arbitration Clause inter se the
parties and prima facie
agreement itself contains an arbitration clause. The said arbitration clause is in consonance with Section 7 of the Arbitration and Conciliation Act (herein after referred ... arbitration clause does not use the words 'may refer to arbitration' or 'may be referred to arbitration'. The arbitration clause uses
That the agreement-in-question did not contain a valid arbitration
clause in the eye of law and as such, the reference under Section ... contended that in the present case, in the absence of any valid
arbitration clause, the reference to arbitration by the order under recall
dispute would be resolved by arbitration,
upon reference by the parties. The jurisdiction clause follows the
arbitration clause, being clause 76.1.
6. Mr. Basu, learned ... contract to a document containing an
arbitration clause constitutes an arbitration clause constitutes
an arbitration agreement if the contract is in writing and the
reference
