https://www.taxtmi.com/caselaws?id=290470 A later agreement executed by all three entities did not extinguish the original contract or discharge the foreign party, so the arrangement was not a mere assignment or novation between two Indian companies alone. The dispute therefore retained a foreign element. In that setting, Section 45 of the Arbitration and Conciliation Act, 1996 requires the court to examine only whether the arbitration agreement is null, void, inoperative, or incapable of performance, not the substantive validity of the contract. The choice of English law and ICC arbitration was treated as enforceable under party autonomy, with the suit barred and the parties relegated to arbitration. en-us Wed, 24 Aug 2016 00:00:00 +0530 Wed, 09 Jul 2025 17:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290470 A later agreement executed by all three entities did not extinguish the original contract or discharge the foreign party, so the arrangement was not a mere assignment or novation between two Indian companies alone. The dispute therefore retained a foreign element. In that setting, Section 45 of the Arbitration and Conciliation Act, 1996 requires the court to examine only whether the arbitration agreement is null, void, inoperative, or incapable of performance, not the substantive validity of the contract. The choice of English law and ICC arbitration was treated as enforceable under party autonomy, with the suit barred and the parties relegated to arbitration. Case-Laws Indian Laws Wed, 24 Aug 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290470