matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or under ... accompanied by the original arbitration agreement or a duly certified copy thereof. [Provided that where the original arbitration agreement or a certified copy thereof
original arbitration agreement is
imperative and the judicial authority is not empowered to refer
parties to arbitration if procedural requirement of filing
arbitration agreement ... arbitration clause in the agreement, it is
obligatory for the court to refer the parties to arbitration in terms
of their arbitration agreement and held
produce either certified copy of the agreement or the
original arbitration agreement.
15. The learned Senior Counsel for the respondents
would further contend that ... arbitration agreement
or duly certified copy thereof. The filing of the
application without such original or certified copy,
but bringing original arbitration agreement on
record
subject of an arbitration
agreement, the judicial authority has to refer the parties to arbitration,
if a party to the arbitration agreement applies ... under
Section 8 of the Arbitration Act, 1996. None of these
petitions were accompanied by the original arbitration
agreement dated
arbitration. The arbitration will take place in accordance with Indian Arbitration and Conciliation Act, 1996 and the arbitration will take place at Ajmer. Arbitration ... Section 8 of the Arbitration and Conciliation Act, 1996. None of these petitions were accompanied by the original arbitration agreement dated 17.2.1992 or a duly
Arbitration Act for ascertaining the existence of
arbitration clause.
20. The issue whether mere non-filing of the original arbitration agreement or a
duly certified ... prima facie the arbitration
agreement exists, then it shall refer the dispute to arbitration, and leave
the existence of the arbitration agreement to be finally
dispute to the arbitration
proceeding. They took a plea that unless the original agreement
containing any arbitration agreement or unless the original
arbitration agreement ... matter which
is the subject of an arbitration agreement
shall, if a party to the arbitration agreement
or ny person claiming through or under
matter which is the
subject of an arbitration agreement shall, if a party to the
arbitration agreement or any person claiming through or
under ... accompanied by the original
arbitration agreement or a duly certified copy thereof.
[Provided that where the original arbitration agreement or
a certified copy thereof
plaintiff has produced the arbitration
agreement, the defendant also should produce the original or
certified copy of the arbitration agreement, would defeat the
purpose ... application under section 8 of the Arbitration and Conciliation
Act, 1996 being accompanied by the original arbitration agreement or
a duly certified copy thereof
matter which
is the subject of an arbitration agreement
shall, if a party to the arbitration agreement
or any person claiming through or under ... prima facie
the arbitration agreement exists, then it shall
refer the dispute to arbitration, and leave the
existence of the arbitration agreement to be
finally
