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2003 (7) TMI 497 - SUPREME COURTWhether on the facts mentioned an arbitration agreement can be said to have existed by recourse to arbitration clause in NIT was itself a dispute which deserved to be referred to the Arbitral Tribunal in accordance with the arbitration clause - Held that:- Section 16 empowers the Arbitral Tribunal to decide the question of existence and validity of the arbitration agreement. Thus The present appeal, therefore, deserves to succeed and is hereby allowed.
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