https://www.taxtmi.com/caselaws?id=272823 A foreign-seated ICC arbitration in Singapore could not be restrained merely because the underlying Facilitation Deed was alleged to be void for fraud and misrepresentation. Section 45 of the Arbitration and Conciliation Act required reference to arbitration unless the arbitration agreement itself was shown to be null and void, inoperative or incapable of being performed. The arbitration clause was treated as a separate and collateral agreement, so allegations directed at the main contract did not invalidate it. Sections 23 and 28 of the Contract Act did not render the clause void, and a connected suit did not justify refusal of reference. The injunction was set aside and arbitration was directed to proceed. en-us Fri, 24 Jan 2014 00:00:00 +0530 Tue, 21 Jun 2022 16:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=272823 A foreign-seated ICC arbitration in Singapore could not be restrained merely because the underlying Facilitation Deed was alleged to be void for fraud and misrepresentation. Section 45 of the Arbitration and Conciliation Act required reference to arbitration unless the arbitration agreement itself was shown to be null and void, inoperative or incapable of being performed. The arbitration clause was treated as a separate and collateral agreement, so allegations directed at the main contract did not invalidate it. Sections 23 and 28 of the Contract Act did not render the clause void, and a connected suit did not justify refusal of reference. The injunction was set aside and arbitration was directed to proceed. Case-Laws Indian Laws Fri, 24 Jan 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=272823