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2007 (4) TMI 624 - SC - Indian LawsWhether clause 16 of the Deed of Partnership dated 9.1.1964 is an ’arbitration agreement’ within the meaning of section 7 of the Act? Held that:- The existence of an arbitration agreement as defined under section 7 of the Act is a condition precedent for exercise of power to appoint an Arbitrator/Arbitral Tribunal, under section 11 of the Act by the Chief Justice or his Designate. It is not permissible to appoint an Arbitrator to adjudicate the disputes between the parties, in the absence of an arbitration agreement or mutual consent. The designate of the Chief Justice of Delhi could not have appointed the Arbitrator in the absence of an arbitration agreement. The appeal is therefore allowed, the order appointing an Arbitrator is set aside and the application by the first respondent under section 11 of the Act is rejected.
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