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    <title>2002 (5) TMI 814 - HIGH COURT OF CALCUTTA</title>
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    <description>Exchange bye-laws with deeming provisions were treated as incorporating an arbitration agreement into dealings between a trading member and a constituent, even without a separately executed contract. The court held that the legal fiction had to be given full effect, and the dispute was referable to arbitration. Objections based on limitation, pending civil proceedings, and a criminal complaint did not bar commencement of arbitration, because limitation could be raised before the tribunal and the civil/arbitral claim was distinct from the criminal process. The arbitration clause was also not invalid for want of mutuality, as it covered disputes between the parties and issues on existence or validity could be decided by the tribunal.</description>
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    <pubDate>Thu, 02 May 2002 00:00:00 +0530</pubDate>
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      <title>2002 (5) TMI 814 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=109693</link>
      <description>Exchange bye-laws with deeming provisions were treated as incorporating an arbitration agreement into dealings between a trading member and a constituent, even without a separately executed contract. The court held that the legal fiction had to be given full effect, and the dispute was referable to arbitration. Objections based on limitation, pending civil proceedings, and a criminal complaint did not bar commencement of arbitration, because limitation could be raised before the tribunal and the civil/arbitral claim was distinct from the criminal process. The arbitration clause was also not invalid for want of mutuality, as it covered disputes between the parties and issues on existence or validity could be decided by the tribunal.</description>
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      <pubDate>Thu, 02 May 2002 00:00:00 +0530</pubDate>
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