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The Arbitration and Conciliation Act, 1996: page 10

The Arbitration and Conciliation Act, 1996, India Code delivered snapshot 6fb32e5ffe258174, physical page 10. Unreviewed extraction.

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         (c) an exchange of statements of claim and defence in which the existence of the agreement is
     alleged by one party and not denied by the other.
    (5) The reference in a contract to a document containing an arbitration clause constitutes an
arbitration agreement if the contract is in writing and the reference is such as to make that arbitration
clause part of the contract.
    8. Power to refer parties to arbitration where there is an arbitration agreement.— 1 [(1) A
judicial authority, before which an action is brought in a matter which is the subject of an arbitration
agreement shall, if a party to the arbitration agreement or any person claiming through or under him, so
applies not later than the date of submitting his first statement on the substance of the dispute, then,
notwithstanding any judgment, decree or order of the Supreme Court or any Court, refer the parties to
arbitration unless it finds that prima facie no valid arbitration agreement exists.]
    (2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by
the original arbitration agreement or a duly certified copy thereof:
     2
      [Provided that where the original arbitration agreement or a certified copy thereof is not available
with the party applying for reference to arbitration under sub-section (1), and the said agreement or
certified copy is retained by the other party to that agreement, then, the party so applying shall file such
application along with a copy of the arbitration agreement and a petition praying the Court to call upon
the other party to produce the original arbitration agreement or its duly certified copy before that Court .]
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   (3) Notwithstanding that an application has been made under sub-section (1) and that the issue is
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pending before the judicial authority, an arbitration may be commenced or continued and an arbitral
award made.

Jammu and Kashmir and Ladakh (UTs).—
                                       STATE AMENDMENT                aC
                                                                di
Insertion of section 8A and section 8B.—After section 8, insert the following sections, namely:–
                                                          In
         “8A. Power of the court, seized of petitions under sections 9 or 11 of the Act, to refer the
     dispute to Mediation or Conciliation.—(1) If during the pendency of petitions under sections 9 or
     11 of the Act, it appears to the court, that there exists elements of a settlement which may be
     acceptable to the parties, the court may, with the consent of parties, refer the parties, for resolution of
     their disputes, to,-
             (a) mediation; or
             (b) conciliation.
          (2) The procedure for reference of a dispute to mediation is as under–
              (a) where a dispute has been referred for resolution by recourse to mediation, the procedure
          framed under that Act shall apply;
              (b) in case of a successful resolution of the dispute, the Mediator shall immediately forward
          the mediated settlement to the referral court;
              (c) on receipt of the mediated settlement, the referral court shall independently apply its
          judicial mind and record a satisfaction that the mediated settlement is genuine, lawful, voluntary,
          entered into without coercion, undue influence, fraud or misrepresentation and that there is no
          other legal impediment in accepting the same;
              (d) the court shall record a statement on oath of the parties, or their authorised
          representatives, affirming the mediated settlement as well as a clear undertaking of the parties to
          abide by the terms of the settlement;


1. Subs. by Act 3 of 2016, s. 4, for sub-section (1) (w. e. f. 23-10-2015).
2. Ins. by s. 4, ibid. (w.e.f. 23-10-2015).
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