Order Terminating The Arbitration Not Challenged; Can't File Section 8 Application Later: Karnataka High Court
The High Court of Karnataka has held that a subsequent Section 8 application would be non-maintainable when the order of the arbitrator accepting objection to its jurisdiction was not challenged. The trial court rejected the application on the ground that the appellant did not challenge the order of the arbitrator, therefore, the parties cannot be referred to arbitration. The Grounds For Appeal The appellant challenged the order of the trial court on the following grounds: The parties admittedly have an arbitration clause between themselves. The Court held that once the order of the arbitrator terminating the arbitral proceedings has attained finality, it would not be open for a party who did not lay any challenge to the order to contend that the dispute once again be referred to arbitration.
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