contract is held to be void the clause regarding arbitration found in a void contract would not become void. It exists independently of the said ... contract and his decision that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. But, the question
contract. A decision by the
arbitral tribunal that the contract is null and void shall not entail ipso jure
the invalidity of the arbitration clause ... arbitration agreement has two aspects: Firstly, an
arbitration agreement is an agreement that stands apart from and
independent of the main contract. Secondly, an arbitration
contract. The contract is still in existence for certain
purposes. But where the dispute is whether the said contract
is void ab initio, the arbitration ... contract; and a
decision that the contract is null and void shall not entail ipso
jure the invalidity of the arbitration clause."
17. Recently
validity of the
arbitration agreement. The Arbitration Act emphasises that
an arbitration clause which forms part of a contract shall be
treated as an agreement ... conclude that the
contract is void upon a meaningful reading of the contract
document itself. Some examples of where a contract may fall in
this
void contract is itself void and cannot be
enforced. [484B-C]
1.1 Whether a particular dispute arising out of a par-
ticular contract is referable ... alleged contract is contending that it is void
ab initio (Because for example, the making of
such a contract is illegal), the arbitration
clause cannot
arbitration clause
in the contract notes. The respondent refused to submit to
arbitration of the association on the ground that the
contract notes were void ... even contracts collateral thereto
shall be void, in which case the contracts of employment
with reference to those contracts would also be void. But
that
rolled up in a contract with the other terms of the contract. The difference between a contract & an arbitration clause contained ... there never was a contract or that a contract is void. The sections must be confined to attacks on arbitration agreements & awards
valid and enforceable contracts; (2) voidable contracts; (3) contracts which are void from their very making (void ab initio); and (4) contracts which were enforceable ... contracts, namely--(1) voidable contracts; (2) contracts which are void ab initio; and (3) contracts which became void after a period of time (frustrated contracts
alleged contract is contending that it is void ab initio (because, for example, the making of such a contract is illegal), the arbitration clause cannot ... contract has been frustrated or not. In all these arbitration clauses matters in any way related to the contract are referred to arbitration
contract and do not make the contract void as such, such avoidance does not make the contract non existent and only
would make the contract ... original contract has no legal existence, the arbitration clause also cannot operate, for along with the original contract, it is also void; in the latter
