Section 8: Power to refer parties to arbitration where there is an arbitration agreement

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Arbitration and Conciliation Act, 1996

PART I Arbitration

CHAPTER II Arbitration Agreement

Section  8: Power to refer parties to arbitration where there is an arbitration agreement.

8. 1[(1) A judicial authority, before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or under him, so applies not later than the date of submitting his first statement on the substance of the dispute, then, notwithstanding any judgment, decree or order of the Supreme Court or any Court, refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement exists.]

(2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof:

2[Provided that where the original arbitration agreement or a certified copy thereof is not available with the party applying for reference to arbitration under sub-section (1), and the said agreement or certified copy is retained by the other party to that agreement, then, the party so applying shall file such application along with a copy of the arbitration agreement and a petition praying the Court to call upon the other party to produce the original arbitration agreement or its duly certified copy before that Court.]

(3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made.

 

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Amendments:

1. Substituted by the Arbitration and Conciliation (Amendment) Act, 2015 w.e.f 23.10.2015. Prior to substitution, the sub-section as:

 “A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration.”

2. Inserted by the Arbitration and Conciliation (Amendment) Act, 2015 w.e.f 23.10.2015.

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