settlement on the
earlier contracts and secondly, whether the arbitration clause in the earlier
contracts survived after the settlement contract. The Supreme Court cited ... machinery of the Arbitration Acts". It is also theoretically
possible that the arbitration agreement may be void and yet the
contract may be valid
proceedings for specific performance of the contract entered into during the pendency of ceiling proceedings, the agreement is void or invalid and is incapable ... arbitration agreement is also void and unenforceable, as pointed out in para 8 above. If the respondent raises any objection that the arbitration agreement
arbitration
clause in an agreement is treated independent of the
terms of the contract and the dispute arising under
such contract is referable to arbitration ... held that even if the contract is held to be
null and void, it shall not invalidate the arbitration
clause as it exists independently
Narayan Kanoria wherein it was held
that if a contract is illegal and void and arbitration clause, which is one of the terms
therein, must ... 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
arbitration clause can be invoked in the case of a dispute under
a superseded contract. The principle laid down is that if the contract ... 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
existence or validity of the arbitration agreement, the arbitration
clause, which formed part of the contract, had to be treated as an
agreement independent ... arbitration clause continues to be
enforceable, notwithstanding a declaration that the contract was null and
void.
15. In our view, the learned designated Judge misunderstood
validity of the arbitration agreement, and for that purpose -
(a) 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.
(2) A plea that
agreement itself is void ab-initio.
Therefore, there is no question of dissecting the Arbitration clause
from the main contract and/or invoking ... submission made that there exists no Arbitration Clause and/or the
contract in question is void ab-initio. There are serious disputes raised
on various
arbitration, respondent no. 1 filed the instant suit, inter alia, praying for a
declaration that the impugned arbitration agreement is null and void,
inoperative ... said arbitration.
It is the case of HPL in the plaint that the arbitration agreement dated
12th January, 2002 had been rendered void in respect
validity of the
arbitration agreement, and for that purpose, -
(a) 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.
(2) A plea that
