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
Association".
In deciding as to whether the arbitration clause in the contract
note constitutes an arbitration agreement, the Hon'ble Supreme Court
held ... constituted the sole repository of the contracts, and as they
were void, there was no arbitration clause in force between
the parties. We accordingly hold
would be void but carves
out an exception in respect of arbitration agreements. The first limb of Section 28(a)
renders void every agreement ... restricted absolutely
from enforcing his rights under or in respect of any contract, by the usual legal
proceedings in the ordinary tribunals. In addition
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 ... Arbitral Tribunal that the contract is null and void
shall not entail ipso jure the invalidity of the arbitration clause."
In the Household (Supra
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 ... Arbitral Tribunal that the contract is null and void
shall not entail ipso jure the invalidity of the arbitration clause."
In the Household (Supra
petitioner arising out of a
cross border contract being No.DRL/AMBO/030/S/2012, having an
arbitration agreement in the nature of a clause ... Arbitrator's Association, as the said contract is governed by
Arbitration. The agreement is otherwise not void, inoperative or
incapable of being performed. Since
clearly establish the existence and
enforceability of the arbitration agreement.
Under Section 7 of the Arbitration and Conciliation Act, an
agreement is required ... regard
to the impartiality of the appointing authority. The arbitration clause
reads that the arbitration proceeding under Clause 23 of the purchase
order shall
arbitration and
in the said notice, there is reference to an alleged contract dated 10th June,
2008 allegedly replacing another alleged contract dated 17th April ... contract between the plaintiff and the defendant and claim for arbitration
in the notice dated 16th June, 2009 is illegal, null and void.
xiii
Section 16 of the Arbitration and Conciliation Act, 1996. The learned
Counsel has referred to Section 16(2) of the Arbitration and Conciliation ... denied. The respondent
having not raised the plea that the contract is null and void and/or has been
fraudulently obtained could not at this
contract which contains the
arbitration agreement. The Division Bench while affirming the order has
observed that "the impact of the arbitration on the suit ... preserved for the plaintiff. Once the plaintiff accepts the contract which
contains the arbitration clause and a foreign award has been passed, the
only
