2002 (1) TMI 1247

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.... Kapoor, J.-In spite of several opportunities given to respondent No. 1 for filing the copy of the agreement, respondent No. 1 has failed to file the same. 2. This is a petition under section 20 of the Arbitration and Conciliation Act, 1996 for reference of the disputes between the parties to the arbitrator. Clause 13 of the agreement between the parties provided as under : "Any dispute, dis....

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....use 51 provided that in the event of any dispute arising between the parties in respect of any of the matters comprised in the agreement, the same shall be settled by a competent court having jurisdiction over the place where agreement is executed by no other court. 4. However, another clause cited by the respondent No. 1 regarding the adjudication of the disputes and differences by the arbitra....

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....inted as hereinafter provided. For the purpose of appointing the sole arbitrator referred to above, the Chief Engineer will on receipt of notice and prescribed fee from the contractors send a panel of three names not below the rank of Superintending Engineer of the Rajasthan Government and who shall be at presently unconnected with the contract, the contractor shall on receipt of the names as a....

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....diction including ruling on any objections with respect to the existence or validity of the arbitration agreement and for that purpose an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract and a decision by the arbitral Tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitrat....