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2010 (4) TMI 613 - SC - Companies LawWhere the party seeking arbitration is a company which was not in existence on the date of the signing of the contract containing the arbitration agreement, whether it can be said that there is an arbitration agreement between the parties ? Whether the question as to the existence or validity of the arbitration agreement, has to be decided by the Chief Justice/designate when considering the petition under section 11 of the Act or by the arbitrator ? who should decide the question whether there is an existing arbitration agreement or not. Should it be decided by the Chief Justice or his designate before making an appointment under section 11 of the Act, or by the arbitrator who is appointed under section 11 of the Act ?
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