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
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
Enercon (India) Ltd And Ors vs Enercon Gmbh And Anr on 14 February, 2014
Equivalent
matter will refer the parties to arbitration unless the
arbitration agreement is null and void, inoperative or incapable of being
performed. In view ... said Act. Parliament has made the Arbitration and Conciliation Act,
1996 providing domestic arbitration and international arbitration as a mode
of resolution of disputes between
decline to make a reference to arbitration in
case it finds that the arbitration agreement is null and void, inoperative or
incapable of being performed ... underlying contract.
The Indian Arbitration Act, 1996 , as noticed above, under Section 16 accepts the
concept that the main contract and the arbitration agreement form
Contract is between two Indian
parties, the Contract was signed in India and the performance of the
contract was in India, adjudication proceedings, including arbitration ... Arbitration Clause which is illegal, null and void on the face of it.
18. Arbitration Clause of the Maintenance Contract is
unenforceable and the defendants
existent or
ineffective. Moreover, even where the matrix contract is held to be void, the
arbitration agreement may still be upheld as a valid ... 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
examining the plea that the
main contract is void or voidable. The Court ought to decline
reference to arbitration only where ... Court can reach the
conclusion that the contract is void on a meaningful reading
of the contract document itself without the requirement of any
further
Enercon (India) Ltd vs Enercon Gmbh on 14 February, 2014
ÞË
REPORTABLE
IN THE SUPREME
decline to make a reference to arbitration in
case it finds that the arbitration agreement is null and void, inoperative or
incapable of being performed ... underlying contract.
The Indian Arbitration Act, 1996 , as noticed above, under Section 16 accepts the
concept that the main contract and the arbitration agreement form
