Q. In The Given Case, The High Court Was Of The View That The Memorandum Of Understanding [which Contained The Arbitration Clause] Ceased To Exist On And From The Date Of The Shareholders' Agreement Which Superseded The Aforesaid MoU And Novated The Same ?

SQ. When The Matter Can Be Referred U/S. 11 Of Arbitration Act ?

SQ. Whether Court Can Conduct Mini Trial ?

A. NO

Q. Whether Question Of Novation Of Contract Can Be Considered In A Petition Under Section 11 Arbitration Act ?

A. NO

RELEVANT CASE LAW:

SANJIV PRAKASH Vs. SEEMA KUKREJA LL 2021 SC 198

F.B OBSERVED THAT

• The question of novation of contract containing an arbitration clause cannot be considered by the Court in a petition filed under Section 11 of the Arbitration and Conciliation Act.
• That court would refer the matter U/Section 11 when contentions relating to non-arbitrability are plainly arguable,
• or when facts are contested.
• The court cannot, at this stage, enter into a mini trial or elaborate review of the facts and law which would usurp the jurisdiction of the arbitral tribunal.