Get Advice on Live Video Call
Earn $ Cash $ with
consultations on Bissoy App

A' files a suit against 'H' for recovery of money due under the agreement, term whereof has since expired, by efflux of time. 'H' files an application under Section 8 of the Arbitration and Conciliation Act, 1996 contending that the agreement contains an arbitration clause. The court would then

Correct Answer: Refer the parties to arbitration

In a suit for specific performance of an Agreement of Sale of immovable property the defendant along with his written statement files an application under Section 8 of the Arbitration & Conciliation Act for referring the parties to arbitration in accordance with arbitration clause contained in the Agreement to Sell. The plaintiff admits the existence of the arbitration clause as well as that the subject matter of suit is subject matter of such arbitration clause. The Court shall:

Which of the following statements regarding powers granted under Section 8 of the Arbitration and Conciliation Act 1996, are correct?1. The application under Section 8 may be filed before the Arbitrator.
2. Section 8 is an instance of the least judicial intervention when there is an arbitration agreement between the parties.
3. When an application under Section 8 is filed before the court, the proceedings before the Arbitrator are stayed.
4. The application under Section 8 shall not be entertained unless it is accompanied by the original arbitration agreement.
Select the correct answer using the given below:

A Hindu wife files a petition against her husband for dissolution of marriage by a decree of divorce. Immediately after service of summons of the petition and before the filing of written statement the defendant files an application under Section 8 of the Arbitration & Conciliation Act for reference to arbitration in accordance with the arbitration clause in a Settlement Agreement signed by the parties when on an earlier occasion police complaints were made against each other. The wife admits the Arbitration Agreement which encompasses all disputes and differences of any kind between the parties. The Court shall:

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

In which of the following case, the Supreme Court of India has held that the parties cannot enter into "jurisdiction clause" and the "arbitration clause" simultaneously as it will have the effect of vesting them with a choice of either going for litigation or arbitration, if the agreement contains any such direction it will be deemed to be an arbitration agreement within the meaning of Section 7 Indian Act and will mandate the parties to go for arbitration:

Which among the following are covered within 'Arbitration Agreement' as per Section 7 of the Arbitration and Conciliation Act 1996?
1. Oral agreement.
2. It may be in the form of a separate agreement.
3. Agreement by parties to submit the disputes which have arisen.
4. Agreement by parties to submit the disputes which may arise.
Select the correct answer using the given below.

An arbitration agreement providing for arbitration by four arbitrators is, under the Arbitration & Conciliation Act, 1996, to be construed as an agreement for arbitration by:

In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?

The parties to the arbitration agreement are residents of Lucknow and Kolkata. The contract was performed at Varanasi. The parties agreed that arbitration proceedings will be conducted at New Delhi and were held at New Delhi. Where will the petition under Section 34 of the Arbitration and Conciliation Act 1996 be filed?

A' has let out his property at Delhi to 'B' at a rent of Rs. 3000/- per month on the terms and conditions contained in a registered lease dead. The lease deed provided for arbitration of all disputes between the parties. 'B' fails to vacate the property inspite of expiry of period of lease of two years. 'A' initiates arbitral proceedings under the Arbitration and Conciliation Act, 1996 in accordance with an arbitration clause in the lease deed seeking eviction/ejectment of 'B' from the property