https://www.taxtmi.com/caselaws?id=113362 An arbitration clause cannot bind a company that was not in existence when the contract was executed, because section 7 of the Arbitration and Conciliation Act, 1996 requires a valid agreement between existing parties to a defined legal relationship. A pre-incorporation arrangement may be enforceable only where promoters contract for a proposed company and later acceptance occurs in accordance with law; that position did not apply here, so no valid arbitration agreement existed on the contract date. In section 11 proceedings, the existence and validity of the arbitration agreement are ordinarily for the Chief Justice or designate, but appointments made before the prospective overruling in SBP & Co. remain protected and jurisdictional objections may be decided by the arbitrator under section 16. en-us Tue, 20 Apr 2010 00:00:00 +0530 Sat, 11 May 2013 12:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=113362 An arbitration clause cannot bind a company that was not in existence when the contract was executed, because section 7 of the Arbitration and Conciliation Act, 1996 requires a valid agreement between existing parties to a defined legal relationship. A pre-incorporation arrangement may be enforceable only where promoters contract for a proposed company and later acceptance occurs in accordance with law; that position did not apply here, so no valid arbitration agreement existed on the contract date. In section 11 proceedings, the existence and validity of the arbitration agreement are ordinarily for the Chief Justice or designate, but appointments made before the prospective overruling in SBP & Co. remain protected and jurisdictional objections may be decided by the arbitrator under section 16. Case-Laws Companies Law Tue, 20 Apr 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=113362