https://www.taxtmi.com/caselaws?id=430662 At the Section 11 stage, the Court should focus on the existence of an arbitration agreement and the parties' connection with it, rather than finally deciding disputed issues such as novation, accord and satisfaction, or extinction of contractual rights. Where a plea that a later arrangement substituted the earlier contract is interwoven with contested facts and the merits of the commercial arrangement, it should ordinarily be left to the arbitral tribunal. On that reasoning, the refusal to appoint an arbitrator on the ground of novation was held unjustified, and the dispute was directed to proceed to arbitration, with all contentions kept open. en-us Wed, 23 Nov 2022 00:00:00 +0530 Thu, 24 Nov 2022 23:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=430662 At the Section 11 stage, the Court should focus on the existence of an arbitration agreement and the parties' connection with it, rather than finally deciding disputed issues such as novation, accord and satisfaction, or extinction of contractual rights. Where a plea that a later arrangement substituted the earlier contract is interwoven with contested facts and the merits of the commercial arrangement, it should ordinarily be left to the arbitral tribunal. On that reasoning, the refusal to appoint an arbitrator on the ground of novation was held unjustified, and the dispute was directed to proceed to arbitration, with all contentions kept open. Case-Laws Indian Laws Wed, 23 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=430662