Free Legal Advice - arbitration
Posted by: Digvesh Soni
Posted on: 2018-09-13
If one of the parties to an arbitration agreement initiates court proceedings in contravention of the arbitration clause, the other party can and should object to the proceedings on the ground that there is an arbitration agreement between the parties. The court must refer the parties to arbitration under section 8 of the Arbitration Act. However, any objection to such proceedings must be dealt with before filing the first statement. If the opposite party does not raise any such objection, the proceedings in the civil court proceed.
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