Section 8 Arbitration Act 1996 (POWER TO REFER PARTIES TO ARBITRATION) requires the COURT to:
Aignore arbitration (cf. Arbitration and Conciliation Act 1996, Section 8 (amended 2015)) (cf. Arbitration and Conciliation Act 1996, Section 8 (amended 2015)) (cf. Arbitration and Conciliation Act 1996, Section 8 (amended 2015))
Bwait for award (cf. Arbitration and Conciliation Act 1996, Section 8 (amended 2015)) (cf. Arbitration and Conciliation Act 1996, Section 8 (amended 2015)) (cf. Arbitration and Conciliation Act 1996, Section 8 (amended 2015))
Cdecide itself (cf. Arbitration and Conciliation Act 1996, Section 8 (amended 2015)) (cf. Arbitration and Conciliation Act 1996, Section 8 (amended 2015)) (cf. Arbitration and Conciliation Act 1996, Section 8 (amended 2015))
DREFER parties to arbitration where a judicial authority is approached on a matter that is the subject of an arbitration agreement — if a PARTY APPLIES, and unless the court finds prima facie that no valid arbitration agreement exists
Answer & Solution
Correct answer: D. REFER parties to arbitration where a judicial authority is approached on a matter that is the subject of an arbitration agreement — if a PARTY APPLIES, and unless the court finds prima facie that no valid arbitration agreement exists
1. Section 8 Arbitration and Conciliation Act 1996 (as amended by 2015 Act and the 2019 Amendment):
2. (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, refer the parties to arbitration UNLESS it finds that PRIMA FACIE NO VALID ARBITRATION AGREEMENT exists.
3. (2) The application shall be accompanied by the ORIGINAL ARBITRATION AGREEMENT or a duly certified copy.
4. (3) Notwithstanding that an application has been made and that the issue is pending before the court, arbitration MAY commence or continue and an AWARD made.
5. Section 8 is a MANDATORY provision — court 'shall' refer once conditions met.
6. Compare Section 45 (foreign-seated arbitration; New York Convention).
7. Hence option B is correct.
_Source: Arbitration and Conciliation Act 1996 (Bare Act) + Mediation Act 2023 — Arbitration and Conciliation Act 1996, Section 8 (amended 2015)_
Related questions
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