Step 9: 25-09-2025
👋 Dear friends, ✨
👉 Get ready, friends! Time to decode India’s arbitration law with laughter, logic, and learning. 😅⚖️
Guruji’s Step-by-Step Study Plan 👇
THE ARBITRATION AND CONCILIATION ACT, 1996: SEC 8.
CHAPTER II: ARBITRATION AGREEMENT SEC 8:
8. Power to refer parties to arbitration where there is an arbitration agreement.
(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.
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
(3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, arbitration may be commenced or continued and an arbitral award made.
Guruji’s Step-by-Step Study Plan with Illustrations 👇
⚖️😂 Guruji Explains Section 8 of Arbitration Act, 1996. in Comedy Style:
🌸😄 Guruji in the Darbar today with his Arbitration Hammer 🥁
Topic: Section 8 of The Arbitration and Conciliation Act, 1996 – Power to Refer Parties to Arbitration 🎯
🎭 Guruji’s Law Class:
👉 First, let’s understand the spirit:
The court says – “Arre bhai, if you and your party have already promised to solve fights via arbitration, don’t drag me into your family drama! 🚫⚖️ Go back to your arbitrator baba and fight there!”
Section 8 Explained Step by Step (with Guruji’s punch)
Sub-section (1): The Big Gatekeeper 🚪
Suppose two friends Ramesh & Suresh sign an agreement with a clause:
“If fight comes, we won’t trouble Court uncle 👨⚖️, we’ll go to Arbitrator dadaji 👴.”
Now, if Ramesh files a case in Court saying “Suresh cheated me in business 🛒💰”…
Court uncle will say:
“Beta, I’ll only touch this case if there is no valid arbitration agreement. Otherwise → Go to arbitrator! 🏃♂️➡️⚖️”
⚡ Condition: The party must apply before filing their first statement in court.
(If you already gave your first statement → too late! 😅)
Sub-section (2): The Document Check 📜🔍
Court uncle says: “Show me proof of this arbitration pact! Don’t just say ‘we agreed’ and vanish.”
You must attach:
✅ The original arbitration agreement OR
✅ A duly certified copy.
If you don’t have it, but the other party is hiding it in his almirah 🗄️, you can request Court uncle:
“Please order him to bring it out!” 🙏
Sub-section (3): Double Track Allowed 🚂🚂
Even while the matter is still pending in Court (deciding whether to refer to arbitration), the arbitration process can start or continue.
Meaning → No stay button ⏸️! The arbitration train keeps running, Court’s cycle bell also ringing! 🚲🔔
🎨 Guruji’s Illustration
Example Scenario:
💼 Contract between Builder Bhai 🧱 and Buyer Behenji 🏠 says: “Dispute = arbitration only.”
Buyer Behenji goes to court saying: “Builder gave me 2BHK without balcony! 😡”
Court uncle checks:
Is there an arbitration clause? ✅ Yes.
Did Builder apply before filing his statement? ✅ Yes.
Arbitration agreement shown? ✅ Yes.
👉 Court uncle: “Beta, balcony or no balcony, go to arbitrator baba! 🙏⚖️”
🌟 Guruji’s Simple Punchlines
Court uncle is like a strict father: “Don’t fight in my hall. You promised to fight outside. OUT!” 🚪😂
Arbitration agreement = Marriage promise. If you promised to solve quarrels in-house, you can’t go running to neighbour’s house (Court) for every chapati fight! 🍪🔥
Arbitration and Court can move like two trains on parallel tracks 🚂🚂. No waiting!
✅ Essence of Section 8:
If there’s a valid arbitration agreement, the court must send you back to arbitration (unless the agreement itself is fake or invalid).
😂 Guruji’s Wisdom:
In court you get adjournment dates 📅, in arbitration you get snacks 🍪.
In arbitration, judge called “Arbitrator” – but don’t mistake him for “Terminator” 🤖… he won’t say Hasta La Vista, only “Award passed!” 🏆
👉 So Guruji says: “Write it down ✍️, sign it ✅, or even WhatsApp it 📲… but if you want less headache in life, have an arbitration clause ready. Because in India, fighting is sure, only question is: ‘Where to fight?’ 🤺” 😆
✨ Moral: “Always keep Arbitration Clause ready… fights will come, but solutions can be sweet 🍬!”
Dear Friends,
🚀 Step 9 done… Step 10 coming tomorrow! Guruji doesn’t deliver pizza, only wisdom 🍕
😂 Don’t run away! Guruji’s Step 10 will land tomorrow like a hot samosa from the kadai!
Choose happiness today and every day
🧘♂️ 😎 🤓 🧙♂️😂😜 🤪 😏 🥴 🤯 🥴 😏 🤪 😜😂 🧙♂️ 🤓 😎 🧘♂️
📢 “Stay informed, stay hilarious, Share with your friends – Guruji guarantees no boredom!” 💥🎉
Please visit daily to decode India’s arbitration law with laughter, logic, and learning. 😅⚖️
👉amazinglifeblog.com
Yours,
📘🖊️😄 “GuRuJi- KaMaRaJ” 🎭👴✨ 😇📢
Email:vasantham.kamaraj@gmail.com
🧘♂️ 😎 🤓 🧙♂️😂😜 🤪 😏 🥴 🤯 🥴 😏 🤪 😜😂 🧙♂️ 🤓 😎 🧘♂️
