Arbitration section 11

Himanshu Jaiprakash Dad (Querist) 26 October 2012 This query is : Resolved
does an application under section 11 of the Arbitration act 1996 for appointment of arbitrator is maintainable when we have not filed any copy / original agreement.
we dont have any copy/original of the Arbitration agreement, section 8(2) of the act will make a bar in appointment of arbitrator.
we dont have any copy/original, what can we do further, advise

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Advocate Bhartesh goyal (Expert) 26 October 2012
yes it is mandatory to file either original or certified copy of Arbitration agreement and without being filed the same petition under sec 11 of Arbitration and Conciliation Act is not maintainable.

Devajyoti Barman (Expert) 26 October 2012
If the case is not heard finally as yet, then file it immediately. It is mandatory.

R.K Nanda (Expert) 26 October 2012
agree with experts.

Himanshu Jaiprakash Dad (Querist) 26 October 2012
we dont have any copy/original of the Agreement. what can be done further

Devajyoti Barman (Expert) 26 October 2012
If the other party does not dispute the arbitration clause then there is no problem.

Dr V. Nageswara Rao (Expert) 27 October 2012
1. What is the proof that you have entered into an arbitration agreement? Why would the Court act just because you want it to appoint an arbitrator?
2.But, if the other party is given a notice and does not object to arbitration, there will be an ad hoc arbitration agreement after the dispute has arisen.If you two agree on the arbitrator/arbitrators, you can proceed with arbitration.If you two do not agree on arbitrators, then approach the Court.

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