Arbitration through the Intervention of Court where no Suit is Pending


Though the parties have entered into an arbitration agreement before a suit in respect of any matter relating to the agreement is field in a court, one of the parties may apply to the court for the filling up of the agreement with it. Such an application must be in writing, numbered and registered as a suit. The interested parties shall be made as plaintiffs and disinterested as defendants. The court having heard the objections, if any, of all the parties to the agreement, issues an order of reference to an arbitrator appointed by the parties or by the court itself. Thereafter, all the rules applicable in the case of arbitration without intervention of the court, shall apply.


Arbitration through the Intervention of the Court where a Suit is Pending

On receiving an application from the parties to the suit, the court may refer the matter in difference to an arbitrator appointed by it, for determination within a specified time. Where some of the parties to the suit apply to the court for reference to arbitration, the other parties who were not applicants shall be bound by the suit only, which continues so far as it relates to those parties.

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