https://www.taxtmi.com/caselaws?id=200205 Where a suit is filed in breach of a prior arbitration agreement and is stayed under section 34 of the Indian Arbitration Act, 1940, the dispute continues to be governed by the provisions applicable to pre-existing arbitration agreements. In that setting, the court cannot bypass the statutory scheme by invoking section 25, which applies to arbitration agreements entered into in a pending suit. If a vacancy arises in the tribunal after the stay, the machinery in the chapter governing pre-existing agreements, including section 9, controls. The court's inherent powers cannot be used to make an order inconsistent with the Act's express framework. en-us Thu, 06 Sep 1962 00:00:00 +0530 Fri, 23 Mar 2018 14:18:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200205 Where a suit is filed in breach of a prior arbitration agreement and is stayed under section 34 of the Indian Arbitration Act, 1940, the dispute continues to be governed by the provisions applicable to pre-existing arbitration agreements. In that setting, the court cannot bypass the statutory scheme by invoking section 25, which applies to arbitration agreements entered into in a pending suit. If a vacancy arises in the tribunal after the stay, the machinery in the chapter governing pre-existing agreements, including section 9, controls. The court's inherent powers cannot be used to make an order inconsistent with the Act's express framework. Case-Laws Indian Laws Thu, 06 Sep 1962 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200205