ISSUE:
Whether an agreement which contains an arbitration clause has or has not been novated be decided in the exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.
RULE:
The existence of an arbitration agreement presupposes a valid agreement which the Court would enforce by relegating the parties to the arbitration.
The existence of an arbitration agreement means an arbitration agreement that meets and satisfies the statutory requirements of both the Arbitration Act and the Contract Act and when it is enforceable in law.