https://www.taxtmi.com/caselaws?id=199380 Section 45 applies only where an arbitration agreement falling within Section 44 is shown to be an undisputed agreement in writing, such as a signed clause or an exchange of letters or telegrams. Where the existence and authenticity of the alleged written agreement are themselves denied, the statutory threshold for referral is not met, and the court may refuse to act under Section 45. The kompetenz-kompetenz principle under Section 16 of Part I does not govern Part II proceedings concerning foreign awards; objections to the existence or validity of the arbitration agreement remain for judicial determination. Contractual rules without statutory force cannot override that scheme. en-us Fri, 27 Jul 2001 00:00:00 +0530 Tue, 27 Feb 2018 15:06:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199380 Section 45 applies only where an arbitration agreement falling within Section 44 is shown to be an undisputed agreement in writing, such as a signed clause or an exchange of letters or telegrams. Where the existence and authenticity of the alleged written agreement are themselves denied, the statutory threshold for referral is not met, and the court may refuse to act under Section 45. The kompetenz-kompetenz principle under Section 16 of Part I does not govern Part II proceedings concerning foreign awards; objections to the existence or validity of the arbitration agreement remain for judicial determination. Contractual rules without statutory force cannot override that scheme. Case-Laws Indian Laws Fri, 27 Jul 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199380