The power of court to refer parties arbitration would and must necessarily include- imply and inhere in it -the power and jurisdiction to advice the partiesthe power and jurisdiction to review the awardthe power and jurisdiction to appoint the arbitratorthe power and jurisdiction to call another arbitrator

Question

Toppr Admin · Accepted Answer

This has been covered under the Section 8 of the Arbitration and Conciliation Act- 1996- The language of section is peremptory in nature- Therefore- in cases where there is an arbitration clause in the agreement- it is obligatory for the court to refer the parties in arbitration in terms of their arbitration agreement and nothing remains to be decided in the original action after such an application is made except to refer the dispute to an arbitrator-