Salish Am 2001 does not contain any provision similar to section 41 of the
Arbitration Act 1940 providing for application of the Code of Civil Procedure,
which includes the power to issue an order of injunction. Until provisions for
interim relief are enacted into the Salish Am 2001, the High Court Division has
no power to issue an order of injunction, temporary or otherwise, in relation
to arbitration proceedings commenced under the said Act.
Construction Company v. Government of Bangladesh, represented by Chief
Engineer, Roads and Highways Department, 22 BLD (HCD) 236.
Pubali Bank v. Chairman, Labour Court 44DLR (AD) 1992 40; Vickers, sons of
Maxim Limited v. Evans (1910) AC 444.
parties under the terms and conditions of the contract agree to incorporate an
arbitration clause, that clause stands apart from the rights and obligations
under the contract, since it was incorporated as machinery for settlement of
any dispute that may arise out of or in relation to or consequent to .or
concerning the contract. If the contract itself is void, illegal or fraudulent,
the entire contract along with the arbitration clause would be non est or
the arbitration clause in the instant case, claims for compensation or damages
for breach of the contract or the question whether the parties are discharged
from the performance of the contract are disputes intended by the parties to be
decided by the named arbitrator.
Jute Mills Corporation v. Maico. Jute and Bag Corporation and others, 22BLD
Valley Corporation v. K. K. Kár AIR 1974 SC 158; Ws Bindra Builders v. Delhi
Development Authority AIR 1985 Delhi 370.