settlement on the
earlier contracts and secondly, whether the arbitration clause in the earlier
contracts survived after the settlement contract. The Supreme Court cited ... machinery of the Arbitration Acts". It is also theoretically
possible that the arbitration agreement may be void and yet the
contract may be valid
agreement itself is void ab-initio.
Therefore, there is no question of dissecting the Arbitration clause
from the main contract and/or invoking ... submission made that there exists no Arbitration Clause and/or the
contract in question is void ab-initio. There are serious disputes raised
on various
validity of the
arbitration agreement, and for that purpose, -
(a) an arbitration clause which forms part of a
contract shall be treated as an agreement ... arbitral tribunal that the
contract is null and void shall not entail ipso jure the
invalidity of the arbitration clause.
(2) A plea that
contract (a) when there is an arbitration
clause which is valid and binding under the law, and (b)
when parties to a contract agree ... enforce his rights, is void to that extent.
This is subject to exceptions, namely, (i) contract to refer to
arbitration and to abide
observed that when a contract contains an arbitration clause and the
dispute arising under the contract is referred to arbitration without the
intervention ... arbitration
agreement; (ii) Whether the arbitration agreement is valid; and (iii) Whether
the contract in which the arbitration clause is contained is null and void
Development Corporation Vs. M/s Pawar and Company
(Engineers and Contractors in arbitration appeal no.06 of 2011 in support of the
plea that ... Section 25 of the Indian Contract
Act, 1872, it reads as under:
"25. Agreement without consideration, void, uncles it
is in writing and registered
arbitration agreement is also
void and unenforceable, as pointed out in para 8 above. If the
Respondent raises any objection that the arbitration agreement ... respondents that even arbitration agreement
recorded in the said MOU is void or unenforceable. This court thus having found
that the arbitration agreement is valid
support of the plea that any contract entered
into by a minor would be a void contract. The learned counsel placed reliance
Asmita ... support of the plea that Trust Deed is a contract between Settlor
and Trustees and arbitration clause contained in such Trust Deed is not binding
petitioners from proceeding before the Escrow Agents and directed
that the arbitration proceedings were expedited.
::: Downloaded on - 09/06/2013 ... MAPA as it had become void under
Sections 32 to 35 and/or Section 56 of the Contract Act and the respondents were
not liable
petitioners from proceeding before the Escrow Agents and directed
that the arbitration proceedings were expedited.
::: Downloaded on - 09/06/2013 ... MAPA as it had become void under
Sections 32 to 35 and/or Section 56 of the Contract Act and the respondents were
not liable
