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Head Note

The Arbitration and Conciliation Act, 1996  - Section 9 , Section 11

M.P. Madhyasthan Adhikaran Adhiniyam, 1983 - Section 7 - Works contract - Termination - Reference of matter - Whether disputes arising out of works contract to be referred to arbitration tribunal under M.P. Act or to independent arbitrator under Arbitration and Conciliation Act - Held, it will depend upon the factum whether the works contract is existing between the parties or not out of which the dispute has arisen - Hence all disputes arising out of execution of the works contract will have to be referred to the M.P. state Arbitration Tribunal - However, when the works contract itself becomes non-existence as a consequence of its cancellation - Then the matter will have to be referred to an independent arbitrator under the arbitrator and conciliation Act.

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