contract in order to decide whether there was a valid arbitration clause and that question had to be determined at an interlocutory stage because ... Arbitration Act for stay of a suit, an issue is raised as to the formation, existence or validity of the contract containing the arbitration clause
allegation of the arbitration clause would not make it an agreement, for which both the parties must agree. An agreement is valid when ... arbitration if there is a clause in writing. Existence of valid arbitration clause would be spelt out even from subsequent correspondence or even
Bizom Customer Agreement'
dated 21.02.2023, which contains an arbitration
clause at clause 11.10. He submits that
disputes have arisen between the parties
relating ... only on the footing of
their contract, which contains a valid and
operative arbitration clause.
12.12. Clause 11.10 of the 'Bizom Customer
Agreement
arbitration clause, the judicial authority has
to consider that objection and if the objection is found
sustainable to refer the parties to arbitration. The
expression ... authority is bound to refer the matter to
arbitration once the existence of a valid arbitration
clause is established. Thus, the judicial authority is
entitled
there being no vestige of doubt as to existence of
a valid arbitration clause in the JVA, and to the arbitrability of
claim, the matter
refuse
14
to exercise its jurisdiction if there exists a valid
arbitration clause, which may be a clause of wide
amplitude taking within its sweep
petitioner can maintain the present petition
by relying on the arbitration clause within the lease
agreement, notwithstanding the previous judicial findings.
13. The learned counsel ... confined to ascertaining
the existence of an arbitration agreement. Emphasizing
the presence of a valid arbitration clause in the lease
agreement, the counsel argues that
trademark and copyright which does not
contain any arbitration clause. As a result, the arbitration
clause from another contract cannot be applied to the
current ... sufficient for the Commercial Court to hold that there is a
valid arbitration clause and that the dispute between the
parties is arbitrable
arbitration clause. Section 16(1)(a)
presumes the existence of a valid
arbitration clause and mandates the same
to be treated as an agreement independent ... result as
a matter of law in an automatic in validation of
Arbitration Clause. Therefore, even if the
arguments on behalf of the plaintiff
Section-16(1)(a) of the Act presumes the
existence of valid arbitration clause and mandates the same
-8-
to be treated as an agreement ... referred to the arbitration as the
arbitration clause itself would perish if the
averment is found to be valid. As the very
jurisdiction
