https://www.taxtmi.com/caselaws?id=108572 A reference to arbitration under section 20 of the Indian Arbitration Act, 1940 requires a subsisting arbitration agreement covering the dispute. Where a later settlement records full and final satisfaction and expressly discharges the earlier arbitration clause, the original clause ceases to survive. The court must first decide whether the arbitration agreement still exists before directing a reference, and it cannot leave that foundational to the arbitrator. On these facts, the settlement extinguished the arbitration clause, so the direction to refer the dispute to arbitration was without jurisdiction and liable to be set aside. en-us Mon, 11 Nov 2002 00:00:00 +0530 Mon, 02 Apr 2012 17:15:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108572 A reference to arbitration under section 20 of the Indian Arbitration Act, 1940 requires a subsisting arbitration agreement covering the dispute. Where a later settlement records full and final satisfaction and expressly discharges the earlier arbitration clause, the original clause ceases to survive. The court must first decide whether the arbitration agreement still exists before directing a reference, and it cannot leave that foundational to the arbitrator. On these facts, the settlement extinguished the arbitration clause, so the direction to refer the dispute to arbitration was without jurisdiction and liable to be set aside. Case-Laws Companies Law Mon, 11 Nov 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108572