Arbitration clause contained in the Memorandum of Understanding (MOU) was invoked by the petitioner but was opposed on the premise that the MOU ceased to exist on and from the date of the shareholder’s agreement(SHA) which superseded the MOU and novated the same. Held, is thus non-determinable by court at the stage of reference when it would result in a mini trial or elaborate review of facts and law.
Sanjiv Prakash v. Seema Kukreja and others, (2021) 9 SCC 732