another multi-State co-operative society, such dispute shall be referred to arbitration. (2) For the purposes of sub-section (1), the following shall ... Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to all arbitration under this Act as if the proceedings for arbitration were referred
Section 24 in The Arbitration Act, 1940
24. Reference to arbitration by some of the parties .-Where some only of the parties to a suit ... apply to have the matters in difference between them referred to arbitration in accordance with, and in the manner provided by, section 21, the Court
held that
though section 89 of the Code mandates reference to ADR processes,
reference to arbitration under section 89 of the Code could only ... other ADRs including arbitration and the
parties choose arbitration as their option. Of course, the parties have to
agree for arbitration."
(Emphasis
supplied
liable to be referred for arbitration under Section 8 of the
Arbitration and Conciliation Act, hereinafter referred ... other ADRs including arbitration and the
parties choose arbitration as their option. Of course, the
parties have to agree for arbitration. Section
with regard to existence or validity of the
arbitration agreement. The Arbitration Act emphasises that
an arbitration clause which forms part of a contract shall ... proceed with the arbitration. Section 5 of the Arbitration
Act provides that the Court shall not intervene in the
arbitration process except in accordance with
both is to refer parties to
arbitration but in one case domestic arbitration and in other case
international arbitration. Unlike Section 8 which provides that ... document containing
an arbitration clause constitutes an arbitration
agreement provided that the contract is in writing
and the reference is such as to make that
refer the parties to arbitration
unless it finds that prima facie no valid arbitration agreement exists.
(2) The application referred to in sub-section ... basis of an arbitration clause contained in the arbitration agreement.
However, in a case where the parties alleged that the arbitration
agreement is vitiated
piecemeal reference
resulting in splitting up the cause of action.
(3) The dispute sought to be referred was
not covered by the arbitration clause ... arbitration on the ground of fraud, hardly any arbitration
agreement in a matter in which accounting would be necessary
could be referred to arbitration. That
High Court on the writ
petition, the claim of reference to arbitration under s. 76
of the Act was barred by res-judicata and that ... arbitration' the
matter shall be determined by arbitration in the manner laid
down in that section. The scheme is that arbitration will
take place
Stay of proceedings in respect of matters to be referred to arbitration
.-Notwithstanding anything contained in the Arbitration Act, 1940, or in the Code ... under him in respect of any matter agreed to be referred to arbitration in such agreement, any party to such legal proceedings
