Skip to content

Statute → case law

See how courts applied this provision

Jump to judgments under this act, then open an AI Brief on any order. Semantic Search helps you ask in plain English.

  • AI Brief & Ask
  • Semantic AI Search

Credentials emailed - log in to pick up where you left off.

TypeBare Act JurisdictionCentral Government

Arbitration Act, 1940 [Repealed] Chapter III

Arbitration with Intervention of Court Where Thereis No Suit Pending

~2 min read
https://sooperkanoon.com/act/35793

Bare act section · Research

About this section

Arbitration Act, 1940 [Repealed] Chapter III is part of Arbitration Act, 1940 [Repealed] - Arbitration with Intervention of Court Where Thereis No Suit Pending. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) Where any person have entered into an arbitration agreement before the institution of any suit with respect to the subject-matter of the agreement or any part of it, and where a different has arisen to which the agreement applies, they or any of them, instead of proceeding under Chapter II, may apply to a Court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in Court.

(2) The application shall be in writing and shall be numbered and registered as a suit between one or more of the parties interested or claiming to be interested as plaintiff or plaintiffs and the remainder as defendant or defendants, if the application has been presented by all the parties, or, if otherwise, between the applicant as plaintiff and the other parties as defendants.

(3) On such application being made, the Court shall direct notice thereof to be given to all parties to the agreement other than the applicants requiring them to show cause within the time specified in the notice why the agreement should not be filed.

(4) Where no sufficient cause is shown, the Court shall order the agreement to be filed, and shall make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise, or, where the parties cannot agree upon an arbitrator, to an arbitrator appointed by the Court.

(5) Thereafter the arbitration shall proceed in accordance with, and shall be governed by, the other provisions of this Act so far as they can be made applicable.

Frequently asked questions

What does Arbitration Act, 1940 [Repealed] Chapter III provide?

Section Chapter III of the Arbitration Act, 1940 [Repealed] (Arbitration with Intervention of Court Where Thereis No Suit Pending) is reproduced on this page as part of the Arbitration Act, 1940 [Repealed]. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Arbitration Act, 1940 [Repealed] Chapter III?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Arbitration Act, 1940 [Repealed] Chapter III. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial