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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guideline for Drafting Application Under Section 8 of the Arbitration and Conciliation Act, 1996:
This application is essential when a party seeks to enforce an arbitration agreement and compel the other party to refer the dispute to arbitration. Here's a concise guide for drafting this application:
Title and Identification: Clearly title the document as "Application Under Section 8 of the Arbitration and Conciliation Act, 1996." Include names of the parties, case details, and legal jurisdiction.
Introduction and Arbitration Agreement: Begin with an introduction, emphasizing the existence of a valid arbitration agreement and the intention to enforce it.
Statement of Dispute: Briefly outline the nature of the dispute, emphasizing that it falls within the scope of the arbitration agreement.
Prayer for Referral to Arbitration: Clearly state the prayer for the court to refer the parties to arbitration and stay any judicial proceedings.
Supporting Documents: Annex the arbitration agreement and any other relevant documents supporting the existence and validity of the agreement.
Common Mistakes to Avoid:
Insufficient Details: Clearly articulate the details of the arbitration agreement, avoiding vague or incomplete descriptions.
Failure to Establish Validity: Provide evidence to establish the validity of the arbitration agreement, preventing challenges to its enforceability.
Ignoring Legal Formalities: Ensure compliance with procedural requirements, including serving notice to the opposing party, to prevent procedural challenges.
Inadequate Reference to Arbitration Clause: Clearly reference the specific arbitration clause or agreement that the application is based on.
Lack of Signatures: Ensure the application is duly signed by authorized representatives, confirming their consent to arbitration.
By following these guidelines and avoiding common mistakes, a well-drafted Application Under Section 8 of the Arbitration and Conciliation Act, 1996, enhances the likelihood of the court referring the parties to arbitration, promoting the efficient resolution of disputes through the chosen alternative dispute resolution mechanism. This type of application is commonly used when a party seeks to enforce an arbitration agreement in the face of litigation proceedings.