Referral Court Has Duty To Conclusively Decide Issue Of 'Existence & Validity Of Arbitration Agreement' Raised At Pre-Referral Stage : Supreme Court
Leaving such issue to be decided by arbitral tribunal violates Section 11(6A) of Arbitration Act.
Stay updated with breaking news from Conciliation Amendment Act. Get real-time updates on events, politics, business, and more. Visit us for reliable news and exclusive interviews.
Leaving such issue to be decided by arbitral tribunal violates Section 11(6A) of Arbitration Act.
Introduction There are several ways in which parties can discharge their contractual obligations. For example, the doctrine of accord and satisfaction allows parties to discharge their contractual obligations by performing certain modified obligations or by novating or rescinding the existing contract.(1) In other words, a liability arising out of a breach of contract can be discharged by a new agreement (an 'accord'), wherein the parties mutually agree a new consideration, forfeiting their right of action against their previous contractual obligations.(2) The 'satisfaction' is the discharge ...