Examveda
Examveda

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

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


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An Arbitration Agreement dated 1st December, 2018 provides for reference of disputes to four arbitrators with two to be appointed by each of the parties. The Arbitration Agreement:

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