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Referral Court Has Duty To Conclusively Decide Issue Of 'Existence & Validity Of Arbitration Agreement' Raised At Pre-Referral Stage : Supreme Court - Vimarsana News

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.

Source: livelaw.in
Conundrum of accord and satisfaction when appointing arbitral tribunals - Vimarsana News

Conundrum of accord and satisfaction when appointing arbitral tribunals

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 ...