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sharmila (n/a)     29 August 2007

Arbitration and Conciliation Act

Section 11(5)

(i) Whether an arbitration clause comes to an end, if the contract containing such arbitration agreement, was abrogated?

A. Sub-section (1) of section 16 of the Act makes it clear that while considering any objection with respect to the existence or validity of the arbitration agreement, an arbitration clause which forms part of the contract, has to be treated as an agreement 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 of the arbitration clause. The first contention is, therefore, liable to be rejected.

]2007 (3) CTC 699

National Agricultural Co-op. Marketing Federation India Ltd. Versus Gains Trading Ltd


 1 Replies

Prakash Yedhula (Lawyer)     17 July 2009

This is a very important piece of information. Thanks 

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