said to
be unenforceable under Section 23 of the Contract Act'
1872. The learned Arbitrator has refused to enter into the
Page ... claimants for
breach of contract on the part of the respondent. All such
issues arising out of the contract namely the lease
agreement dated
plea is that the contract is void,
illegal or fraudulent etc. in which case, the entire
contract along with the arbitration clause ... 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
that if parties to an earlier contract substitute
it with another contract, the Arbitration Clause in the original contract
also perishes with it. This ... contract. It was held that in situations where the original
contract is superseded by a subsequent contract, the
arbitration clause in the original contract will
that if parties to an earlier contract substitute
it with another contract, the Arbitration Clause in the original contract
also perishes with it. This ... contract. It was held that in situations where the original
contract is superseded by a subsequent contract, the
arbitration clause in the original contract will
existence or validity of
the arbitration agreement, an arbitration clause which forms part of
the contract, has to be treated as an agreement independent ... contract and a decision that the contract is null
and void shall not entail ipso jure the invalidity of the arbitration
clause.
23. In Olympus
contract will only become void when the party claiming
lack of free consent is able to prove the same and thus rendering
the contract void ... examining the plea that the main contract
is void or voidable. The Court ought to decline reference to
arbitration only where the Court can reach
contract. It was held
that in situations where the original contract is
superseded by a subsequent contract, the arbitration
clause in the original contract will ... that the plea that a contract is
void, illegal or fraudulent affects the entire contract along
with the arbitration clause. However, the enactment
examining the plea that the main contract is void or voidable. The Court
ought to decline reference to arbitration only where the Court can reach ... conclusion that the contract is void on a meaningful reading of the
contract document itself without the requirement of any further proof
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 ... 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
however, in voidable contracts, the arbitration clause
would survive, while in the case of contracts which are stated to have
become void later on, that ... contract is held to be void, the clause
regarding arbitration found in a void contract would not become void.
It exists independently of the said
