https://www.taxtmi.com/caselaws?id=161411 A written arbitration agreement under the Arbitration Act, 1940 requires a concluded contract with consensus ad idem on material terms. Where one party materially altered the draft by deleting one clause and changing another, the response was a counter-offer, not acceptance, and later conduct did not create a binding contract. In the absence of a concluded underlying agreement, the arbitration clause could not operate independently. The Court, not the arbitrators, decides the existence and validity of an arbitration agreement under Sections 31(2) and 33, and nomination of an arbitrator or acquiescence cannot create jurisdiction where none exists. The doctrine of indoor management did not cure lack of authorisation. en-us Fri, 09 Feb 1996 00:00:00 +0530 Thu, 10 Jul 2014 12:45:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=161411 A written arbitration agreement under the Arbitration Act, 1940 requires a concluded contract with consensus ad idem on material terms. Where one party materially altered the draft by deleting one clause and changing another, the response was a counter-offer, not acceptance, and later conduct did not create a binding contract. In the absence of a concluded underlying agreement, the arbitration clause could not operate independently. The Court, not the arbitrators, decides the existence and validity of an arbitration agreement under Sections 31(2) and 33, and nomination of an arbitrator or acquiescence cannot create jurisdiction where none exists. The doctrine of indoor management did not cure lack of authorisation. Case-Laws Companies Law Fri, 09 Feb 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=161411