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 ... main contract (other than the
arbitration clause) is null and void. The arbitration
agreement survives for determining whether the contract
Signature Not Verified
Digitally Signed
signature on a contract including an
arbitration clause is forged, the arbitration clause is null and void.
This is because the signature to the arbitration ... enforceability of Arbitration agreement embedded
in Unstamped Contract was discussed. It was held that separability of
arbitration agreement from substantive contract in which
arbitration where there
is an arbitration agreement, reads as under:
“8. Power to refer parties to arbitration where there is an
arbitration 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
arbitral tribunal that the contract is
null and void shall not entail ipso jure the invalidity of
the arbitration clause.”
8. The bare reading ... arbitration agreement, except if the arbitration
agreement itself is directly impeached on the ground that the
arbitration agreement is void ab initio.
4.3. The doctrine
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
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
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
Essar Bulk Terminal Limited vs Arcelor Mittal Nippon Steel India ... on 3 February, 2022
Author
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 ... does this plea permeate the
entire Contract and above all, the Agreement of Arbitration rendering
it void" - clearly indicates that where a challenge
arrived
at between the parties, the original contract
stands novated and no longer survives including
the Arbitration Agreement contained therein.
xxxx
9. In the present ... void
or not validly executed for any reason, the
petitioner cannot fall back on the Arbitration
Agreement contained in the original contract
between the parties
