Kamal Sevaram Jadhwani vs Manbhupinder Singh Atwal on 11 March, 2020
Author: A.Y. Kogje
Neeraj Kumarpal Shah vs Manbhupinder Singh Barinder Singh ... on 11 March, 2020
Author: A.Y
said to
be unenforceable under Section 23 of the Contract Act'
1872. The learned Arbitrator has refused to enter into the
Page ... claimants for
breach of contract on the part of the respondent. All such
issues arising out of the contract namely the lease
agreement dated
petitioner that as the contract between the petitioner and respondent No. 1 is a Works Contract, the Arbitration Act of 1996 will not be applicable ... arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
(2) A plea that
M/S Jitf Water Infrastructure Limited vs M/S Aquafil Polymers Company Private ... on 12
said contracts contained an arbitration clause which, inter alia, provided that any dispute or claim arising out of dispute relating to the contract would ... Contracting State, at the request of one of the parties, to the arbitration agreement, to refer the par-ties to arbitration unless, of course
Essar Bulk Terminal Limited vs Arcelor Mittal Nippon Steel India ... on 3 February, 2022
Author
make that
arbitration clause part of the contract.
8. Power to refer parties to arbitration where there is an
arbitration agreement.--
(1) A judicial authority ... arbitral tribunal that the contract
is null and void shall not entail ipso jure the invalidity
of the arbitration clause.
(2) A plea that
contravention of which shall make a contract entered into otherwise than in accordance with the bye-laws void under Sub-section (1) of Section ... regulation Act itself that the disputes regarding such contracts shall have to be referred to arbitration. Section 30 of the regulation Act empowers the Central
existence of the contract is a necessary
condition for its operation; and the arbitration clause
perishes with the contract.
(iii) A contract ... original contract has no legal existence, the
arbitration clause also cannot operate, for along with the
original contract, it is also void.
(iv) Though