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Law · Q304

Arbitration And Conciliation Act

Graduate and Post Graduate · Law · question 304

Q304

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

A.
Dismiss the application and continue with the suit as the agreement including the arbitration clause thereof has expired by efflux of time
B.
Refer the parties to arbitration
Answer
C.
Refer the parties to arbitration only if the plaintiff agrees to such arbitration
D.
Refer the parties to the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 for determination if the arbitration needs to be appointed

Answer: Option B

Solution

Answer: Option B
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