https://www.taxtmi.com/caselaws?id=217324 At the Section 11 stage, the existence of a valid arbitration agreement is a jurisdictional fact that must be determined before appointment of an arbitrator. An express clause in the MOU covered disputes arising at any time in relation to the agreement, and the parties' conduct and correspondence showed that the arrangement remained subsisting rather than replaced by a fresh binding contract. Disputes concerning termination of the MOU and its consequences fell within the broad arbitration language. Applying separability, the arbitration clause was treated as independent of the underlying contract and as surviving termination, making the disputes referable to arbitration. en-us Fri, 25 Nov 2011 00:00:00 +0530 Sat, 30 Mar 2019 18:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=217324 At the Section 11 stage, the existence of a valid arbitration agreement is a jurisdictional fact that must be determined before appointment of an arbitrator. An express clause in the MOU covered disputes arising at any time in relation to the agreement, and the parties' conduct and correspondence showed that the arrangement remained subsisting rather than replaced by a fresh binding contract. Disputes concerning termination of the MOU and its consequences fell within the broad arbitration language. Applying separability, the arbitration clause was treated as independent of the underlying contract and as surviving termination, making the disputes referable to arbitration. Case-Laws Indian Laws Fri, 25 Nov 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=217324