2021 C L C 965
Arbitration Act (X of 1940)---
----S.34---Power to stay legal proceedings where there is an arbitration agreement---Scope---
Conditions to be fulfilled for obtaining an order staying the proceedings under S.34 of Arbitration Act, 1940, detailed. Following are the conditions to be fulfilled for obtaining order staying the proceedings under S.34, Arbitration Act, 1940.
i) The proceedings must have commenced by a party to an arbitration agreement against any other party to the agreement.
ii) The legal proceedings, which are sought to be stayed, must be in respect of a matter agreed to be referred.
iii) The applicant for stay must be a party to the legal proceedings and he must have taken no step in the proceedings after appearance. It is also necessary that he should satisfy the Court not only that he is, but also was at the commencement of the proceedings, ready and willing to do everything necessary for the proper conduct of the arbitration and
iv) The Court must be satisfied that there is no sufficient reason, why the matter should not be referred to an arbitration in accordance with the agreement.
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