Novation Archives | SCC Times

Arbitration Clause in a contract will perish with its novation: Delhi High Court

Where parties decide to put an end to the original contract as if it never existed and substituted a new contract with it, then in such a situation the original contract is extinguished by the substituted one and the arbitration clause of the original one perishes with it.

Case Briefs Supreme Court

Explained| Three types of issues that can be considered in an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996

Supreme Court: In an appeal against the judgment passed by Telangana High Court, wherein the High Court dismissed the application

Case Briefs Supreme Court

“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court

“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”

Case Briefs High Courts

Del HC | When does ‘Novation’ under the Contract Act takes place? Read while HC examines the scope of S. 8 of Arbitration Act

Delhi High Court: Jayant Nath, J., while addressing the matter stressed upon the essentiality of Novation and Arbitration Agreement. Factual Matrix The