contract. The contract is still in existence for certain
purposes. But where the dispute is whether the said contract
is void ab initio, the arbitration ... contract; and a
decision that the contract is null and void shall not entail ipso
jure the invalidity of the arbitration clause."
17. Recently
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 ... conclude that the
contract is void upon a meaningful reading of the contract
document itself. Some examples of where a contract may fall in
this
void contract is itself void and cannot be
enforced. [484B-C]
1.1 Whether a particular dispute arising out of a par-
ticular contract is referable ... 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
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
parties to the
contract to their bargain. It is in that context
that Section 28 of the Indian Contract makes
contracts void, which restricts ... there was only one contract and that a
contract or agreement by way of gaming of wagering
contract which is void cannot be made
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
void, the arbitration
clause cannot operate, for along with the original contract,
the arbitration agreement is also void. Similarly, though the
contract was validly executed ... earlier
contract, falls with it. But where the dispute is whether such
contract is void ab intio, the arbitration clause cannot
operate on those disputes
entire contract which contains the arbitration agreement is held to be void the arbitration clause in such a void contract has no independent existence ... contract is held to be void the clause regarding arbitration found in a void contract would not become void. It exists independently of the said
contract. The contract is still in existence for certain purposes. But where the dispute is whether the said contract is void abolition the arbitration clause ... contract, it is open to the other party to plead, inter alia, that the contract, on the basis of which arbitration is sought, is void
entire contract which contains the arbitration agreement is held to be void, the arbitration clause in such a void contract has no independent existence ... contract is held to be void, the clause regarding arbitration found in a void contract would not become void. It exists independently of the said
