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CS Professional · Arbitration, Mediation and Conciliation · Arbitration: Introduction, Agreements and its Institutions

Nirmal Pharma Ltd applies under Section 8 to refer a dispute to arbitration but files only a photocopy of the arbitration agreement. The original agreement is held by the other party, Orion Labs, and Nirmal has no certified copy. Which course complies with Section 8?

Nirmal Pharma should file the application with a copy of the agreement along with a petition asking the court to call upon Orion Labs to produce the original or certified copy. The proviso to Section 8(2) permits this where the other party retains the agreement.

  1. AFile the application with the photocopy alone, since the original is not needed
  2. BFile the application with a copy and a petition asking the court to call upon Orion Labs to produce the original or certified copyCorrect
  3. CWait until Orion Labs voluntarily files the original before applying
  4. DWithdraw the application because it cannot be entertained without the original

Explanation

Section 8(2) bars entertaining the application without the original or certified copy, but the proviso allows a party who lacks it, where the other party retains it, to file a copy plus a petition asking the court to call upon the other party to produce it. Option one ignores sub-section (2); the last wrongly ignores the proviso.

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