https://www.taxtmi.com/caselaws?id=109049 In international commercial arbitration, the court seized of a suit may first decide whether the arbitration agreement is valid, inoperative, or incapable of performance before any reference under Section 45 is made. That position is distinct from Section 8, which applies mandatorily in domestic arbitration only when the statutory conditions are met. The mere passing of an arbitral award in connected proceedings does not by itself oust the civil court's jurisdiction in a pending suit challenging the arbitration agreement as illegal, void, or inoperative. The jurisdictional objection was therefore not shown to be sustainable, and the order rejecting it was upheld. en-us Fri, 19 Mar 2004 00:00:00 +0530 Thu, 05 Apr 2012 16:22:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109049 In international commercial arbitration, the court seized of a suit may first decide whether the arbitration agreement is valid, inoperative, or incapable of performance before any reference under Section 45 is made. That position is distinct from Section 8, which applies mandatorily in domestic arbitration only when the statutory conditions are met. The mere passing of an arbitral award in connected proceedings does not by itself oust the civil court's jurisdiction in a pending suit challenging the arbitration agreement as illegal, void, or inoperative. The jurisdictional objection was therefore not shown to be sustainable, and the order rejecting it was upheld. Case-Laws Companies Law Fri, 19 Mar 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109049