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
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
contract is contending that it is void 'ab initio' (because, for example, the making of such a contract is illegal), the arbitration clause ... valid contract and that it was for that reason that it had been held that when the contract containing the arbitration clause was void
arbitration clause in the contract. The seller contended that the contract, as well as the arbitration clause contained therein where void and illegal and contrary ... arbitration. In other words, the arbitration agreement is contained in the contract and if the seller can avoid the contract as having been void
unenforceable. Therefore as the arbitration clause forms a part of this contract, this arbitration agreement is also void and unenforceable. Reliance has been placed ... statute has not made all contracts, as I have said, void and unenforceable. Before a contract could be made void and unenforceable under the statute
contract is forbidden fay law and as such by Section 23 of the Indian Contract Act the contract is void. The arbitration agreement ... this contract. The contract itself being
illegal, the arbitration clause which forms part of the contract is also illegal and void. It is true that
statute. Therefore, a party who had gone to arbitration under a contract which was void under some Act could not plead that his opponent having ... held by the Supreme Court that if a contract was illegal and void an arbitration clause which was one of the terms thereof, must also
petition to enter into the contract. In such event, according to Mr. Bhabra the arbitration contract is void ab initio and all proceedings thereunder including ... said to be a void contract. Such a contract has been equated by the Supreme Court to a contract entered Into by an agent
mutual mistake which went at the root of the contract and made the contract void,
5. Before we consider these contentions our attention was drawn ... there was no contract and there was no arbitration clause. It was, further, pleaded in that case that the contract was void by reason