Question:

If an agreement having an Arbitration clause is cancelled by the parties, is it per se implied that
the arbitration clause is also cancelled?
 No
 Sec. 16(1)(a) of A&CA, 1996 to be read with Sec. 28 exception 1 of ICA, 1872

Section 16(1) in THE ARBITRATION AND CONCILIATION ACT, 1996

(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections
with respect to the existence or validity of the arbitration agreement, and for that purpose,—
(a) an arbitration clause which forms part of a contract shall be treated as an agreement
independent of the other terms of the contract; and

(b) a decision by the arbitral tribunal that the contract is null and void shall not entail
ipso jure the invalidity of the arbitration clause.

 Reva Electric Car Co. Pvt Ltd. v. Green Mobil

25 November 2011
(2012) 2 SCC 93
p54
Justice R. V. Raveendran was appointed as the arbitrator by the Hon’ble SC.
(p55, p56)

 Today Homes and Infrastructure Pvt. Ltd. v. Ludhiana Improvement Trust

10 May 2013
(2014) 5 SCC 68
p13 and p14

 Ashapura Mine-Chem Ltd v. Gujarat Mineral Development Corporation

16 April 2015
(2015) 8 SCC 193

 Swiss Timing Ltd vs Organising Committee, Commonwealth Games 2010, Delhi

28 May 2014
(2014) 6 SCC 677
p27

 Enercon (India) Ltd And Ors vs Enercon Gmbh And Anr

14 February, 2014
(2014) 5 SCC 1
p85, p86
 Bharat Petroleum Corporation Ltd vs The Great Eastern Shipping Co. Ltd
12 October, 2007
(2008) 1 SCC 503
p23, p24

 M/S. Everest Holding Ltd vs Shyam Kumar Shrivastava & Ors

24 October, 2008
(2008) 16 SCC 774
p26