ABSTRACT
The arbitration agreement is the basis of any consensual arbitration, so that there cannot be an arbitral reference in the absence of a valid and enforceable arbitration agreement.1 The whole realm of arbitration commences with the existence of such an arbitration agreement. In effect if there is no consent to arbitrate, there is nothing for the arbitral reference to stand on.2 This state of affairs will result in the nullity of the arbitral proceeding and any arbitral award made pursuant to it, but will not nullify the arbitrator’s contract or the contract between the disputing parties and the arbitration institution.3
