entire contract which contains the arbitration agreement is held to be void the arbitration clause in such a void contract has no independent existence ... 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
void the arbitration clause contained in such void contract perishes with the contract. The arbitration clause was not treated as an independent agreement. Therefore ... contract shall be treated as an agreement independent of the terms of the contract. Therefore, even if the contract is null and void, arbitration clause
doubt Clause 52
of the lease agreement contains an arbitration
clause. An agreement of arbitration is not
compulsorily registrable. It also does not
require ... independent existence. Even if the
contract is void and the arbitration clause is
contained in such void contract in view of
Section 16 that arbitration
Arbitration Act. In a
given case the underlying contract may be null and
void, but the arbitration clause may exist and be
enforceable. Invalidity ... Contract Act. It observes that the fraud
may permeate the entire contract and above all the
agreement of arbitration, rendering it void. However
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
including the
arbitration agreement, void, then the very existence of the
arbitration agreement is called into question. In such cases, where
the arbitration agreement ... underlying contract, and
impeaches the arbitration clause itself. Another
category of cases is where the substantive contract
is "expressly declared to be void
arbitration
clause in an agreement is treated independent of the
terms of the contract and the dispute arising under
such contract is referable to arbitration ... held that even if the contract is held to be
null and void, it shall not invalidate the arbitration
clause as it exists independently
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
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
VIII enumerated in the contract contents form an integral part of this CONTRACT."
3. Annexure 8 of the contract pertains to General Terms ... there is no arbitration contract between the parties muchless there exists any dispute for reference to arbitration and that the arbitration proceedings before the Economic
