Case reference on this point

Querist : Anonymous (Querist) 10 January 2012 This query is : Resolved
Dear Expart,
Without annexing the document contaning the arbitral clause, can an application U/S -8 OF THE SAID ACT be entertained by the Court. Pl provide me any judgement on this point of the APEX COURT.
swarup Roy
Advocate

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Raj Kumar Makkad (Expert) 11 January 2012
application under the Arbitration & Conciliation Act, 1996 (Arbitration Act) was not maintainable if brought after the filing of written statement, even if the written statement raised jurisdictional objections on grounds of existence of an arbitration agreement. While there is authority to support this conclusion, it suggests a formalistic bias in the court’s approach to interpretation. An extremely formalistic approach to interpretation of the Arbitration Act, defeating an arbitration agreement, is the very anti-thesis of the policy that led to the new law in 1996. This decision also fails to take into account the negative effect of an arbitration agreement.

Deepak Nair (Expert) 11 January 2012
The applicant should annex the document/agreement containing arbitratin clause to prove that there is an arbitration clause. It is crystal cleaer from the law itself:-
8.Power to refer parties to arbitration where there is an arbitration agreement.- (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 arbitration.
(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.
(3) 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.