Novation of MOU with execution of Supplemental Agreement cannot decided U/s. 11 of Arbitration Act

Jaganmayi Builders And Developers Private Limited Vs Sumanth Reddy (Karnataka High Court) Conclusion: All questions relating to novation of the MOU with the execution of the Supplemental Agreement and the significance of reference to the terms of the MOU in Clause-13 of the Supplemental Agreement, which touch upon the jurisdiction of the sole Arbitrator to enter reference of the dispute, must be decided by the sole Arbitrator as required under Section 16 of the Arbitration Act. Therefore, this Court was of the considered view that the petition must be allowed appointing a sole Arbitrator to en...