component part of the
earlier contract, falls with it... But where the
dispute is whether the said contract is void ab
initio, the arbitration clause ... component part of the earlier
contract, falls with it. But where the dispute is whether such
contract is void ab intio, the arbitration clause cannot
view of Clauses 50 and 51 of the General Conditions of Contract
(GCC) which governed the terms between the parties. The
objections were filed before ... amount due upon measurement or otherwise shall
vitiate or make void the contract, nor shall the contractor
be entitled to interest upon any guarantee
other terms of the contract; and
(b) a decision by the arbitral tribunal that the contract is null and void shall not
entail ipso jure ... terms of the contract. It also
clarifies that a decision by the Arbitral Tribunal that the contract is null and
void shall not entail ipso
Sphere International vs Ecopack India Paper Cup Pvt Ltd on 7 August, 2019
Author: R
Sphere International vs Ecopack India Paper Cup Pvt. Ltd on 7 August, 2019
Author: R
relevant
provisions of the Contract Act . Sections 31 to 36 of the Contract Act deal
with contingent contracts and in view of the assertion ... until that event has happened. If the event becomes
impossible, such contracts become void."
13. In the Ranchhoddas case, a Division Bench
long as it is also void.
24. In view of the purchase order and agreement, the
original contract is existing by substituted one. The
arbitration ... ceased to exist since the settlement contract dated
February 22, 1949, and that the entire award was
void and invalid. The present appeal by special
independent of the other terms of the
contract; and a decision that the contract
is null and void shall not entail ipso jure
the invalidity ... other terms of the contract; and
(b) a decision by the Arbitral
Tribunal that the contract is null and
void shall not entail ipso jure
amount due upon measurement or otherwise
shall vitiate or make void the contract, nor shall the
contractor be entitled to interest upon any guarantee
does not
exist an arbitration agreement or that it is null and
void. If the judicial authority is of the opinion that
prima facie ... other terms of the
contract; and
(b) a decision by the arbitral tribunal that the
contract is null and void shall not entail ipso
jure
