Law · Arbitration and Conciliation Act, 1996
According to Section 8 of 'The Arbitration and Conciliation Act, 1996', which of the following statements is accurate regarding the submission of the arbitration agreement when applying for referral of parties to arbitration?
- 1Once an application is made under Section 8, the judicial authority has the power to reject the referral to arbitration if any previous judgment of the Supreme Court contradicts the application.
- 2An application for referral to arbitration can be entertained by the judicial authority even if the original arbitration agreement is not available, provided the application is made after submitting the first statement on the substance of the dispute.
- 3The application for referral must be accompanied by the original arbitration agreement or a duly certified copy thereof, unless the original is retained by the other party and a copy along with a petition to produce the original is submitted.✓
- 4A judicial authority is obligated to refer parties to arbitration only if the original arbitration agreement is available at the time of filing the application.
Correct answer
The application for referral must be accompanied by the original arbitration agreement or a duly certified copy thereof, unless the original is retained by the other party and a copy along with a petition to produce the original is submitted.
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