Section 8: Power to refer parties to arbitration

Q: What does Section 8 of Arbitration and Conciliation Act, 1996 (A&C Act) deal with?

Section 8 A&C Act pertains to "Power to refer parties to arbitration". It is part of the Arbitration and Conciliation Act, 1996, a legislation enacted by the Parliament of India. Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) governs power to refer parties to arbitration.

Q: Is Section 8 A&C Act still in force?

Yes, Section 8 of the Arbitration and Conciliation Act, 1996 is currently in force across the Republic of India.

Q: What is धारा 8 A&C Act?

धारा 8 A&C Act is the Devanagari Hindi reference for Section 8 of the Arbitration and Conciliation Act, 1996. Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) governs power to refer parties to arbitration.

Q: What is Dhara 8 A&C Act?

Dhara 8 A&C Act is the Roman Hindi reference for Section 8 of the Arbitration and Conciliation Act, 1996. "Dhara" means "Section" in Hindi. Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) governs power to refer parties to arbitration.

Q: How to cite Section 8 of Arbitration and Conciliation Act, 1996?

Cite as: "Section 8, Arbitration and Conciliation Act, 1996 (A&C Act)" in legal briefs. For academic writing, use the BlueBook format: Arbitration and Conciliation Act, 1996, 1996, § 8 (India).

Law on Tips Editorial Board

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 before the judicial authority, refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement exists.
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.
Provided that where the original arbitration agreement or a certified copy thereof is not available with the party applying for reference to arbitration under sub-section (1), and the said agreement or certified copy is retained by the other party to that agreement, then, the judicial authority shall make an order directing the other party to produce the original arbitration agreement or its duly certified copy before that authority.
Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made.