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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation

Under Section 8 of the Arbitration and Conciliation Act, 1996, a party to an arbitration agreement wants the court to refer a pending suit to arbitration. By when must that party apply?

The application must be made not later than the date of submitting the first statement on the substance of the dispute. After that point the party loses the right to insist on reference, subject to the court's prima facie check of the agreement's validity.

  1. AWithin 30 days of the suit being filed
  2. BNot later than the date of submitting its first statement on the substance of the disputeCorrect
  3. CBefore the final hearing of the suit
  4. DAt any time before the judgment is pronounced

Explanation

Section 8(1) requires the application not later than the date of submitting the first statement on the substance of the dispute. The court then refers the parties unless it finds prima facie that no valid arbitration agreement exists. Later stages such as final hearing are not the stated limit.

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