Filing Application U/S 8 Of Arbitration Act Before Statement On Substance Of Dispute Doesn't Waive Right To Invoke Arbitration Clause: Karnataka HC
3 months, 2 weeks ago

Filing Application U/S 8 Of Arbitration Act Before Statement On Substance Of Dispute Doesn't Waive Right To Invoke Arbitration Clause: Karnataka HC

Live Law  

The Karnataka High Court bench of Justice H.P. The court observed that the filing of the written statement and application for reference under Section 8 simultaneously cannot lead to an inference that the Appellant had submitted to the jurisdiction of the Civil Court and had waived its right to seek reference to arbitration. The Trial Court held that under Section 8, a party must invoke arbitration no later than the date of submitting its statement on the substance of the dispute. In these judgments, the Court held that the term 'not later than' used in Section 8 of the Act permits the filing of an application seeking reference of the parties along the written statement and the filing of the written statement and application for reference under Section 8 simultaneously cannot lead to an inference that the Appellant had submitted to the jurisdiction of the Civil Court and had waived its right to seek for reference to arbitration under Section 8. The court observed that if an application under Section 8 is filed before submitting the first statement on the substance of the dispute, the party cannot be deemed to have waived its right to invoke the arbitration clause.

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History of this topic

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court
3 days, 14 hours ago

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir High Court bench of Justice Rajnesh Oswal held that mere filing of the written statement in a suit does not constitute a waiver of right to arbitration if the party has raised a preliminary objection in respect of the arbitration clause at the outset. The High Court also noted that the Respondents didn't waive their right …

[Arbitration Act] Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court
2 months, 1 week ago

[Arbitration Act] Section 8 Application Must Be Filed Before Or Simultaneously With Written Statement: Calcutta High Court

Live Law  

The Calcutta High Court Bench of Justice Sabyasachi Bhattacharyya and Justice Subhendu Samanta held that when no application for reference to arbitration under Section 8 of the Arbitration Act is made by either party, the civil court may very well entertain the suit and proceed with the adjudication of the same on merits in accordance with law. Hence, in any …

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court
2 months, 3 weeks ago

Reference Application U/S 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons: Karnataka High Court

Live Law  

The Karnataka High Court Bench of Justice Hemant Chandangoudar has held that a reference application under Section 8 of the Arbitration and Conciliation Act, 1996, should have been filed within a period of 120 days from the date of service of summons to the defendant, which was long passed before 20.03.2019. Thus, where the reference application under Section 8 of …

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC
3 months, 1 week ago

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an order passed under section 11 of the Arbitration Act on the basis of an arbitration clause cannot be recalled merely on the ground that reply given to a notice under section 21 was suppressed. Brief Facts The present application has been filed seeking recall of an order …

Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court
4 months ago

Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Mr. Justice Bipin Chander Negi has held that the deposit of awarded amount in pursuance of an order of the court into the court registry would be equivalent to payment under section 31 of the Arbitration Act. In the reply, so filed, a specific objection qua pecuniary jurisdiction of the Hon'ble Court was …

Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC
4 months, 1 week ago

Objection To Tribunal's Jurisdiction U/S 16 Of Arbitration Act Must Be Raised Before Or At Time Of Statement Of Defence: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua affirmed that a party is bound by virtue of Section 16 of the Arbitration Act to raise any objection it may have to the jurisdiction of the Tribunal before or at the time of submission of its statement of defence, and at any time thereafter it is expressly prohibited. …

Section 8 Of A& C Act Is Compiled On Filing Application Under O. 7 Rule 11, Informing About Arbitration Clause: Telangana High Court
1 year, 1 month ago

Section 8 Of A& C Act Is Compiled On Filing Application Under O. 7 Rule 11, Informing About Arbitration Clause: Telangana High Court

Live Law  

The Telangana High Court single bench of Justice Alok Aradhe held that the requirement under Section 8 of the Arbitration and Conciliation Act, 1996 to inform the court regarding the existence of an arbitration clause is fulfilled when a party files an application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 in …

Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.
1 year, 4 months ago

Continuing To Contest The Suit Does Not Waive The Right To Arbitration When A Section 8 Objection Was Raised In Written Submissions And Arguments: Delhi High Court.

Live Law  

The High Court of Delhi has held that a party cannot be deemed to have waived off its right to arbitration merely because it continued to contest the suit when it had specifically raised objection to the maintainability of the suit due to the presence of the arbitration agreement. The bench of Justice C. Hari Shankar held that when a …

J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court
1 year, 6 months ago

J&K Arbitration And Conciliation Act | Filing Application U/S 5 Not Bar To Referral For Arbitration U/S 8(1): High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that filing of the application under Section 5 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 cannot be construed as a submission of statement of the substance of the dispute within the meaning of Section 8 of the Act to create a legal bar in referring the matter …

Arbitration: Supreme Court Upholds Rejection Of S. 8 Application Since Cause Of Action Went Beyond Transaction Containing Arbitration Agreement
1 year, 10 months ago

Arbitration: Supreme Court Upholds Rejection Of S. 8 Application Since Cause Of Action Went Beyond Transaction Containing Arbitration Agreement

Live Law  

The Supreme Court has upheld the decision of the Gujarat High Court where it had upheld the rejection of an application filed under Section 8 of the Arbitration and Conciliation Act, 1996 in a commercial civil suit, noting that the cause of action of the suit went beyond the transaction containing the arbitration agreement. Referring to the facts of the …

Arbitration Clause, Effect Of Novation; Can't Be Decided Under Section 11 Of A&C Act: Karnataka High Court
2 years, 6 months ago

Arbitration Clause, Effect Of Novation; Can't Be Decided Under Section 11 Of A&C Act: Karnataka High Court

Live Law  

The Karnataka High Court has ruled that the issue whether an agreement containing an arbitration clause stood novated with the execution of a second agreement and thus, the arbitration agreement between the parties was not subsisting, cannot be decided at the stage of reference to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996, since it involves a …

Existence Of Arbitration Agreement Can Be Presumed If No Denial Is Made In The Reply: Karnataka High Court
2 years, 6 months ago

Existence Of Arbitration Agreement Can Be Presumed If No Denial Is Made In The Reply: Karnataka High Court

Live Law  

The Karnataka High Court has held that the words "statements of claim and defence" under Section 7 of the A&C Act are to be given wider interpretation and reply to a notice of arbitration falls within the section. The respondent vide its reply dated 15.05.2020 denied its liability to pay any due amount to the petitioner, however, it did not …

Section 8 Of A&C Act Falls Outside The Scope Of Section 42: Madras High Court Reiterates
2 years, 6 months ago

Section 8 Of A&C Act Falls Outside The Scope Of Section 42: Madras High Court Reiterates

Live Law  

The Madras High Court has reiterated that Section 8 of the Arbitration and Conciliation Act, 1996 is an exception to Section 42 of the A&C Act. Thereafter, the petitioner filed an application under Section 34 of the A&C Act to set aside the arbitral award rendered against it, before the Madras High Court. When the Madras High Court raised the …

Once The Right To Refer The Dispute To Arbitration Is Waived By A Party, It Cannot Be Reclaimed: Karnataka High Court
2 years, 8 months ago

Once The Right To Refer The Dispute To Arbitration Is Waived By A Party, It Cannot Be Reclaimed: Karnataka High Court

Live Law  

The Karnataka High Court has ruled that if a party has disputed the arbitrability of a dispute raised by the opposite party, in its reply to the notice invoking the arbitration clause, it is deemed to have waived its right to seek the reference of the dispute to arbitration. The petitioner submitted before the Commercial Court that the respondent had …

Section 8 Of A&C Act Can't Be Invoked Based On A Non-Binding Arbitration Agreement: Karnataka High Court
2 years, 8 months ago

Section 8 Of A&C Act Can't Be Invoked Based On A Non-Binding Arbitration Agreement: Karnataka High Court

Live Law  

The Karnataka High Court has ruled that since the agreement between the parties provided for a 'non-binding' arbitration, there was absolutely no intention of the parties to enter into an arbitration agreement and that the said agreement could not be termed as an arbitration agreement. The Single Bench of Justice Sachin Shankar Magadum held that since under the relevant clause …

Non-Filing Of Application U/S 8 Arbitration Act Before Civil Court Does Not Debar Party From Seeking Appointment Of Arbitrator: J&K&L High Court
2 years, 8 months ago

Non-Filing Of Application U/S 8 Arbitration Act Before Civil Court Does Not Debar Party From Seeking Appointment Of Arbitrator: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday reiterated that non-filing of an application under Section 8 of the Arbitration and Conciliation Act would not mean that the petitioner has surrendered to the jurisdiction of the court and left the right to get the disputes resolved through arbitration so as to debar the petitioner for seeking appointment of …

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022
2 years, 8 months ago

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022

Live Law  

Bombay High Court: Arbitral Proceedings Cannot Be Imposed On A Debenture Trustee Under A Scheme Of Compromise, In The Absence Of An Arbitration Agreement: Bombay High Court Case Title: HMG Industries Ltd. versus Canara Bank Citation: 2022 LiveLaw 224 The Bombay High Court has held that even though a Scheme of Compromise entered into under Section 391 of the Companies …

Order Terminating The Arbitration Not Challenged; Can't File Section 8 Application Later: Karnataka High Court
2 years, 9 months ago

Order Terminating The Arbitration Not Challenged; Can't File Section 8 Application Later: Karnataka High Court

Live Law  

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 …

Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties: Supreme Court
2 years, 10 months ago

Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties: Supreme Court

Live Law  

The Supreme Court has ruled that there is a difference between the arbitrator appointed under Section 11 and under Section 11 of the Arbitration and Conciliation Act, 1996 and failing any written agreement between the parties on the procedure for appointing an arbitrator under Section 11, application for appointment of arbitrator shall be maintainable under Section 11 and not under …

What Constitutes 'Dispute' Under Arbitration & Conciliation Act? Madhya Pradesh High Court Explains
3 years, 1 month ago

What Constitutes 'Dispute' Under Arbitration & Conciliation Act? Madhya Pradesh High Court Explains

Live Law  

Surprised over the fact that the word 'Dispute' is not defined under the Arbitration and Conciliation Act, 1996 even though its object is to "resolve disputes" between rival parties, the Madhya Pradesh High Court explained as to what may constitute a 'dispute' for the purpose of invocation of the provisions contained in the Act. Findings The Court however held that …

Application U/s 9 Of Arbitration & Conciliation Act Can Be Filed Where A Part Of The Cause Of Action Has Arisen: Calcutta HC [Read Order]
4 years, 5 months ago

Application U/s 9 Of Arbitration & Conciliation Act Can Be Filed Where A Part Of The Cause Of Action Has Arisen: Calcutta HC [Read Order]

Live Law  

The Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act can be filed where a part of the cause of action has arisen.Justice Moushumi Bhattacharya observed that an application under section 9 for interim relief urged in the background of an arbitration agreement between the parties is time-sensitive where the court has …

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?
5 years ago

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?

Live Law  

Arbitration is hailed as one of the most preferred modes of dispute resolution, primarily in expectance of a speedy resolution of disputes. The Delhi High Court in ) has discussed anamendment introduced to Section 8 of the Arbitration Act, wherein a time period has been fixed for filing of an application for reference to arbitration in cases where an arbitration …

Arbitration Clause In An Insufficiently Stamped Agreement Cannot Be Acted Upon By Court: SC [Read Judgment]
5 years, 1 month ago

Arbitration Clause In An Insufficiently Stamped Agreement Cannot Be Acted Upon By Court: SC [Read Judgment]

Live Law  

The Supreme Court has observed that an arbitration clause in an agreement which is required to be duly stamped, was not sufficiently stamped, cannot be acted upon by the Court. In this case, one of the parties to the agreement filed a petition under Section 11 of the Arbitration Act before the High Court of Karnataka.The other party, entered appearance …

Mere Non­-Filing Of Original/Certified Copy Of Arbitration Agreement Does Not Entail Dismissal Of Application For Reference: SC [Read Judgment]
8 years, 4 months ago

Mere Non­-Filing Of Original/Certified Copy Of Arbitration Agreement Does Not Entail Dismissal Of Application For Reference: SC [Read Judgment]

Live Law  

What is prohibited is the entertainment of the application unless it is accompanied by the original arbitration agreement or a duly certified copy thereof, the Court said.The Supreme Court in Ananthesh Bhakta vs. Nayana A. Bhakta, has observed that filing of an application seeking reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, without producing. What …

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