Law · Arbitration and Conciliation Act
According to Section 8 of the Arbitration and Conciliation Act, 1996, which of the following statements is accurate regarding the referral of parties to arbitration?
- 1Once an application is made under Section 8, the judicial authority has the power to reject the referral if any previous judgment, decree, or order 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.
- 3A party applying for referral to arbitration must submit the original arbitration agreement or a duly certified copy thereof, unless the agreement is retained by the other party and a petition is filed to produce it.✓
- 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
A party applying for referral to arbitration must submit the original arbitration agreement or a duly certified copy thereof, unless the agreement is retained by the other party and a petition is filed to produce it.
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