Enercon (India) Ltd And Ors vs Enercon Gmbh And Anr | Conflict of Laws | ADR

An arbitration agreement cannot be avoided on
the basis that there is no concluded contract between the parties. A reference
to arbitration can only be avoided (in the context of international commercial
arbitration) if the arbitration agreement is ‘null and void, inoperative or
incapable of being performed’. An averment that the underlying contract
containing the arbitration clause is not a concluded contract does not, in the
view of the Court, fall within the scope of these phrases.

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