P. Anand Gajapathi Raju v. P.V.G. Raju
AIR 2000 SC 1886 · Supreme Court of India
Section 8 is mandatory: if a valid arbitration agreement covers the dispute, the judicial authority must refer the parties to arbitration.
Unit I · Alternate Dispute Resolution
Arbitration agreement and reference to arbitration
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Arbitration and Conciliation Act, 1996 | 2(1)(b) | Arbitration agreement |
| Arbitration and Conciliation Act, 1996 | 7 | Arbitration agreement |
| Arbitration and Conciliation Act, 1996 | 8 | Power to refer parties to arbitration where there is an arbitration agreement |
Landmark cases
Hindustan Petroleum Corpn. Ltd. v. Pinkcity Midway Petroleums
AIR 2003 SC 2881 · Supreme Court of India
Once an arbitration clause is admitted, the civil court cannot proceed to try the suit; the arbitral tribunal rules on its own jurisdiction.
K.K. Modi v. K.N. Modi
AIR 1998 SC 1297 · Supreme Court of India
A clause is an arbitration agreement only if it contemplates a binding decision by a private tribunal, not a mere expert determination or an internal family arrangement without that character.