‘First Statement on the Substance of the Dispute’: Section 8 of the Arbitration & Conciliation Act, 1996
8 Pages Posted: 13 May 2019
Date Written: April 13, 2019
As per the amended Section 8 (1) of the A&C Act, 1996, the defendant is required to invoke the arbitration clause and apply to the Court for a reference thereunder by moving an application but is not required to file his written statement or any answer to set out his statement on the substance of the dispute, rather, the submission of the written statement/ reply indicating his ‘first statement on the substance of the dispute’ may be construed as waiver of the right to seek reference to arbitration, or even as submission to or acquiescence of the jurisdiction of the Court where the action has been brought by the plaintiff. The amended provision of Section 8 (1), however, sets out a limit to the period within which such application invoking the arbitration agreement must be presented. It is this limitation period which is indicated by the words “not later than the date of submitting”.
Keywords: Arbitration, Shivam Goel, Conciliation, Section 8, Lex Unified
Suggested Citation: Suggested Citation