Arbitration&conciliation act1996

SWARUP NARAYAN ROY (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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Devajyoti Barman (Expert) 10 January 2012
For reference of a matter to arbitration annexing the original copy of the arbitration agreement is mandatory.

Raj Kumar Makkad (Expert) 11 January 2012
Repeated query.

Deepak Nair (Expert) 11 January 2012
Repeated query.

prabhakar singh (Expert) 11 January 2012
Repeated query.

Shailesh Kr. Shah (Expert) 11 January 2012
Repeated query.

Devajyoti Barman (Expert) 11 January 2012
Is it/ I did not know as I always avoid replying repeated query.

Murali Krishna (Expert) 11 January 2012
You can also enclose a certified copy of the agreement providing arbitration clause. This being statutory provision, it does not need support of any judgement. However, you can use the following judgements:

1. Original agreement can be filed at the time of entertaining the case by the court. Kotak Mahindra Vs,T.N.Balaswamy, 2004(3) ArbLR 164(MAD)

2. Photocopies of original arbitration agreement can be taken for ascertaining existence of arbitration clause: Bharat sewa sansthan V UP Electronics Ltd, (2007) 7 SCC 737.

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Arbitration&conciliation act1996

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