In the Court of……………………………………………………………………..
Suit No……. ….of……….20….
D.E. ………..Plaintiff
vs.
F.G. ………..Defendant
Fixed for hearing……of……….20…
Application under section 8 of the Arbitration and Conciliation Act, 1996 for Arbitration in a pending case
The parties above named beg to state:
1. That D.E. ……. and F.G. …, the parties hereof have decided with mutual consent to put an end to the suit no…. (mention the number) of 20….and for this object thy agree as follows:
2. That the matter pending in this Hon’ble Court in above suit be referred to a joint arbitration by KS…………….. (Name and Address of First Arbitrator and AD………………………………………………(Name and Address of Second Arbitrator) and in case of their opinion varies, SM……………….(Name and Address of Umpire) shall act as Umpire.
3. That the arbitrators shall file the award of arbitration proceedings and in case of any discrepancy, the Umpire shall file his award in this Hon’ble Court within……………….(specify the days or month) the date thereof.
4. That the above parties have agreed that the arbitration expenses, all other expenses in the Court proceedings shall abide them.
WHEREOF the above mentioned parties pray that this Hon’ble Court by requisite order be pleased to refer the abovementioned Arbitrators the matters in difference which they both are required to determine and this Hon’ble Court may be pleased to specify the time by which the award shall be made and be filed in the Court.
Dated…………..day of…………..20…
Signature of First Party
Signature of Second Party
In case there is arbitration agreement between the parties for the settlement of the dispute or difference, if any, and civil proceedings in a Court has been initiated by a party in the subject matter of arbitration, then before filing the written statement in the civil court, the party concerned can file an application under section 8 of the Act along with the arbitration agreement praying there from that the matter should be sent to the arbitral tribunal for settlement of the dispute. If there was no such arbitration agreement exist between the parties, for the first time, even if with the consent of both the parties, before the Civil Court that the matter of dispute should be sent to the arbitration is not tenable. Such a compromise application is not maintainable under section 8 of the Act. In Tamil Nadu Electricity Board V. Sumathil a writ was filed under Article 226 of the Constitution for realizing compensation amount from the Electricity Board on account of death caused to a person by electric current from negligently left open the electric wires. The High Court with the consent of both the parties appointed an arbitrator under section 8 for determining the compensation amount and disposing of the matter in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitrator made an award and filed it in the High Court which passed a decree on the basis of the award. The Supreme Court on appeal held the orders of the High Court unlawful under section 8 of the Act.