Question

An application for referring the parties to arbitration under section $8$, Arbitration and Conciliation Act, $1996$, must be accompanied by ____________.

• A. the original arbitration agreement or a photocopy thereof
• B. the original arbitration agreement or a duly certified copy thereof
• C. a duly certified copy of the arbitration agreement or a photocopy thereof
• D. the original arbitration agreement only. Once an application under section $8$

Answer 1

The correct option is B the original arbitration agreement or a duly certified copy thereof

Under The Arbitration and Conciliation Act, 1996

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

Section 8(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 so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to the arbitration.

Section 8(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.