CASE LAWS SECTION 8 OF THE ARBITRATION AND CONCILIATION ACT,

1996
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(2000) 4 SCC 539

P. Anand Gajapathi Raju & Ors v P.V.G & Ors
Supreme Court
Scope of Sec 8-Conditions required to be satisfied U/S
8(1) & (2)- existence of arbitration agreement- party to
the agreement brings an action in court against the other
party-subject matter of action is the samee

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(2003) 6 SCC 503

Hindustan Petroleum Corp Ltd v Pink City Midway
Petroleum
Supreme Court
Power of the Court to refer parties to arbitrationlanguage of Sec 8 is pre emptory - the Civil Court had
no jurisdiction to entertain the suit after an application
under Sec 8 was made

Court
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(2013) 1 SCC 641

Chloro Controls Pvt. Ltd., v. Severn Trent Water Purification
Inc & Ors

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Supreme Court

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2014 (3) R.A.J 449 (Del)

Sharad P Jagtrani v. Edelweiss Securities Ltd

When the Court is satisfied that an agreement is enforceable

and is not null and void then it is obligatory upon the Court to
make reference to arbitration.

Delhi High Court

Sec 8(1) & (2) - reference to arbitration - non-filing of
separate application - objection in WS along with certified
copy of arbitration agreement - sufficiency of - Therefore Def
inspite of having not filed an application u/s 8, but in view of
the preliminary objection in WS - Sec 8 involved - bounden
duty of the Court to refer parties to Arbitration
Application u/s 8 filed after filing of WS is not maintainable mere disclosure of arbitration agreement in the WS and
claiming that Civil Court has no jurisdiction to try the suit no consequence unless the WS itself contains a prayer for
referring the disputes for arbitration.

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