Question

Section $8$, Arbitration and Conciliation Act, $1996$ ______________.

• A. bars the court from referring the parties to arbitration once the party has submitted his statement
• B. does not bar the court from referring the parties to arbitration after submission of his statement, where the party who has brought the action does not object
• C. does not bar the court from referring the parties to arbitration after submission of his statement, irrespective of whether the party who has brought the action has any objection to it or not
• D. only (a), and not (b) or (c)

Answer 1

The correct option is B does not bar the court from referring the parties to arbitration after submission of his statement, where the party who has brought the action does not object

According to section $8$ of Arbitration and Conciliation Act, $1996$, the 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. But it is subject to the objection of the party who has brought the action. If the party does not object then court is not barred to refer parties to arbitration.