arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed. Undisputedly, there exists an arbitration agreement between ... with Section 45 and refer the parties to arbitration, because the agreement is neither null and void, nor inoperative or incapable of being performed. Incapability
that the respondents were interested in forming a quorum only for pursuing arbitration proceedings against MSEB, Govt. of Maharashtra and Govt. of India. Pursuing cases ... Section 28 of the Contract Act, any restraint to legal proceedings is void. However, as an exception, recourse to Arbitration is provided in that Section
under him, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed ... Schedule I to the Arbitration Act in terms of Section 44 , we shall extract the same :
"Each contracting State shall recognize an agreement
declaration of the MOU dated 23-2-2000 as null and void on the ground that he had no knowledge of the same earlier. This ... arbitration. Therefore, without recourse to the terms of the agreement, none of the allegations could be looked into and that being the case, since arbitration
reference in a contract to a document containing an arbitration clause constitute an arbitration agreement if the contract is in writing and the reference ... arbitration clause part of the contract.
32. Section 8 of the Arbitration Act deals with powers of judicial authority to refer parties to arbitration where
Paras 4 & 5, pages 689, 690; 2004(2) Arbitration Law Reporter 241 at paras 4,6 page 260, paras 56 to 62, pages ... company; the arbitration agreement to the extent that the same is contrary to the provisions of the Act are void and/or in any event
case it has been held that disputes among contracting parties have to be referred to Arbitration. In S.B.P. & Co. v. Patel Engineering ... referred to arbitration. In terms of Section 2(h) of the Arbitration Act, "party" means a party to an arbitration agreement. In other
have been and was even now ready and willing to accept the arbitration and do everything necessary for the proper conduct of the same ... there was no mention in the resolution about the contract being void or the consideration not having been paid. Even on June
Chatterjee Petrochem (Mauritius) ... vs Haldia Petrochemicals Ltd. And Ors. on 31 January, 2007
Equivalent citations
Eih Limited And 5 Ors. vs Mashobra Resort Limited, The State ... on 14 November, 2002
