https://www.taxtmi.com/caselaws?id=758362 A discharge voucher or no-claim certificate does not by itself extinguish the arbitration agreement, because the arbitration clause survives separability even if the underlying contract is said to have been discharged by accord and satisfaction. A disputed challenge to the voluntariness of the discharge, including allegations of coercion or undue influence, is ordinarily for the arbitral tribunal. At the Section 11 stage, the referral court's scrutiny is limited to the prima facie existence of an arbitration agreement and may refuse appointment only where the case is manifestly ex facie meritless or non-arbitrable. The cited stamp duty decision reinforces this narrow pre-reference inquiry and minimal judicial intervention. en-us Thu, 18 Jul 2024 00:00:00 +0530 Thu, 12 Sep 2024 21:28:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=758362 A discharge voucher or no-claim certificate does not by itself extinguish the arbitration agreement, because the arbitration clause survives separability even if the underlying contract is said to have been discharged by accord and satisfaction. A disputed challenge to the voluntariness of the discharge, including allegations of coercion or undue influence, is ordinarily for the arbitral tribunal. At the Section 11 stage, the referral court's scrutiny is limited to the prima facie existence of an arbitration agreement and may refuse appointment only where the case is manifestly ex facie meritless or non-arbitrable. The cited stamp duty decision reinforces this narrow pre-reference inquiry and minimal judicial intervention. Case-Laws Indian Laws Thu, 18 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=758362