https://www.taxtmi.com/caselaws?id=239365 A civil court may, under Section 45 of the Arbitration and Conciliation Act, examine at the threshold whether a foreign-seated New York Convention arbitration agreement is null, void, inoperative or incapable of being performed, and may grant injunction in a proper case. Where a later arrangement substitutes the earlier bargain, creates independent rights and liabilities, or shifts disputes to a different forum, the earlier arbitration clause may cease to apply to that transaction. Claims already finally dealt with, relinquished, or abandoned by conduct are not live arbitrable disputes. A limitation objection will not defeat the claim unless bar is patent on the record. en-us Tue, 04 Jun 2013 00:00:00 +0530 Tue, 12 Nov 2013 11:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=239365 A civil court may, under Section 45 of the Arbitration and Conciliation Act, examine at the threshold whether a foreign-seated New York Convention arbitration agreement is null, void, inoperative or incapable of being performed, and may grant injunction in a proper case. Where a later arrangement substitutes the earlier bargain, creates independent rights and liabilities, or shifts disputes to a different forum, the earlier arbitration clause may cease to apply to that transaction. Claims already finally dealt with, relinquished, or abandoned by conduct are not live arbitrable disputes. A limitation objection will not defeat the claim unless bar is patent on the record. Case-Laws Companies Law Tue, 04 Jun 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=239365