https://www.taxtmi.com/caselaws?id=215664 A judicial authority must refer parties to arbitration under section 45 where a foreign arbitration agreement exists, a reference is sought, and the agreement is not clearly shown to be null and void, inoperative or incapable of being performed. The share subscription and shareholders agreements contained a continuing arbitration clause, and the rescission notice did not extinguish it because the clause was preserved pending an arbitral award on termination. Filing a company petition did not amount to waiver or abandonment of arbitration rights on these facts, especially after arbitration had already been invoked and the tribunal constituted. Allegations of fraud and misrepresentation were left to the arbitral tribunal, and the dispute was referred to arbitration. en-us Thu, 12 Apr 2012 00:00:00 +0530 Thu, 10 Jan 2013 17:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=215664 A judicial authority must refer parties to arbitration under section 45 where a foreign arbitration agreement exists, a reference is sought, and the agreement is not clearly shown to be null and void, inoperative or incapable of being performed. The share subscription and shareholders agreements contained a continuing arbitration clause, and the rescission notice did not extinguish it because the clause was preserved pending an arbitral award on termination. Filing a company petition did not amount to waiver or abandonment of arbitration rights on these facts, especially after arbitration had already been invoked and the tribunal constituted. Allegations of fraud and misrepresentation were left to the arbitral tribunal, and the dispute was referred to arbitration. Case-Laws Companies Law Thu, 12 Apr 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=215664