Arbitration Agreement is separable
from the substantive contract in which it is contained. Even if
the substantive contract is null and void, that does ... oral contract,
which (in addition to a written contract) is also permitted
under the Contract Act . Further, Section 7 provides for
arbitration of disputes
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 ... that a contract is void or the parties to be
contracted are trying to create a void contract by entering
into the arbitration agreement, then
arbitration agreement, except if
the arbitration agreement itself is directly impeached on the ground that the
arbitration agreement is void ab initio.
3.4 The doctrine ... contract, the logical impediment to referring an
issue of the invalidity of the contract to arbitration disappears. Provided that
the arbitration clause itself
said to be so serious to
refuse to refer the parties to arbitration. In any event, the
Signature Not Verified
Digitally Signed ... does this plea permeate the entire
contract and above all, the agreement of arbitration,
rendering it void, or (2) whether the allegations of fraud
touch
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
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 ... underlying contract, and impeaches the
arbitration clause itself. Another category of cases is where the
substantive contract is "expressly declared to be void
reference in a contract to a document
containing an arbitration clause constitutes an
arbitration agreement if the contract is in writing
and the reference ... consider whether
the main contract (other than the arbitration
clause) is null and void. The arbitration agreement
1 (2016) 10 SCC 386
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arbitration agreement from the main contract. On
the concept of separability of the arbitration clause/agreement from
the underlying contract, the Supreme Court in Enercon ... parties to arbitration. This
requirement however will stand obviated on the parties to the
arbitration agreement relinquishing the arbitration agreement.
26. The arbitration agreement contained
held that issue regarding a contract being void and voidable can be
referred to arbitration in as much as allegation regarding contract being
voidable ... contract is void upon reading of the contract without any additional
evidence the court can refuse to refer the parties to arbitration. This
judgment furthered
arbitration clause may be, the existence of the
contract is a necessary condition for its operation;
it perishes with the contract; (3) 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
