Examveda
Examveda

An application under section 8 of the Arbitration and Conciliation Act, 1996 is filed by the Defendant after the defendant has filed his written statement on merits and after framing of issues in which no issue qua Arbitrability is framed. The Court must

A. Issue notice of the application to plaintiff and call for reply

B. Allow the application if there is an Arbitration agreement

C. Dismiss the same as not maintainable

D. Frame as issue on the same to be determined at trial

Answer: Option C


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Related Questions on Arbitration and Conciliation Act

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:

A. Is void and non-actionable

B. Is to be construed as being of reference of disputes to a sole arbitrator

C. Is to be construed as being of reference of disputes to three arbitrators

D. Is to be construed as being of reference of disputes to five arbitrators with the fifth arbitrator being nominated by the two arbitrators of each party