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1 - 9 of 9 (0.39 seconds)Section 8 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 13 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
The Code of Civil Procedure, 1908
Section 11 in The Arbitration Act, 1940 [Entire Act]
Section 34 in The Arbitration Act, 1940 [Entire Act]
Vidya Drolia vs Durga Trading Corporation on 14 December, 2020
Recently, the larger bench of Hon'ble Supreme Court in Vijay
Drolia & Ors. Vs. Durga Trading Corporation : 2020 (4) DNJ (SC)
1368, while dealing with the said provision, inter alia observed as
under:
Section 37 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Nirmala J. Jhala vs State Of Gujarat & Anr on 18 March, 2013
"86. The courts at the referral stage do not perform
ministerial functions. They exercise and perform judicial
functions when they decide objections in terms of Sections
8 and 11 of the Arbitration Act. Section 8 prescribes the
courts to refer the parties to arbitration, if the action
brought is the subject of an arbitration agreement, unless
it finds that prima facie no valid arbitration agreement
exists. Examining the term 'prima facie', in Nirmala J.
Jhala v. State of Gujarat and Another, (2013) 4 SCC 301,
this Court had noted:
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