contract. A decision by the
arbitral tribunal that the contract is null and void shall not entail ipso jure
the invalidity of the arbitration clause ... arbitration agreement has two aspects: Firstly, an
arbitration agreement is an agreement that stands apart from and
independent of the main contract. Secondly, an arbitration
Neeraj Kumarpal Shah vs Manbhupinder Singh Barinder Singh ... on 11 March, 2020
Author: A.Y
Kamal Sevaram Jadhwani vs Manbhupinder Singh Atwal on 11 March, 2020
Author: A.Y. Kogje
Sanjiv Prakash vs Seema Kukreja & Ors. on 22 October, 2020
Author: V. Kameswar Rao
main
contract is severable from the Arbitration Clause and even if, on the plea
of fraud the contract is declared null and void, the Arbitration ... main
contract (other than the arbitration clause) is null and void.
The arbitration agreement survives for determining whether
the contract in which the arbitration Clause
Arbitrator in his finding cannot be taken
into consideration. The contract is void and arbitration
clause also does not survive and the contract between
plaintiffs ... Arbitration & Conciliation Act.
20. It is also another ground of plaintiffs herein that the
sole Arbitrator has held that the contract is void since
reference in a contract to a document
containing an arbitration clause constitutes an
arbitration agreement if the contract is in writing and
the reference ... Indian Contract Act, 1872 (for short,
the ‘ Contract Act ’),11 as contracts made by free consent of parties
competent to contract, for a lawful consideration
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.”
These provisions, together with section
arbitrator, maintained that any
arbitration commenced under the second paragraph of
Clause 14 of the contract is null and void and until
August 2001, refused ... arbitral proceedings on the ground that the second
arbitration clause in the contract was null and void. He
directed Centrotrade and HCL to file submissions
that arbitration clause part of the
contract.”
48. Section 8 of the Arbitration and Conciliation Act,
1996 defines power to refer parties to arbitration where ... Arbitral Tribunal
that the contract is null and void shall not
entail ipso jure the invalidity of the
arbitration clause.
(2) A plea that
