https://www.taxtmi.com/caselaws?id=108682 A request for time to file a written statement does not, by itself, amount to a step in the proceedings that waives the contractual right to arbitration. The relevant test is whether the party's conduct clearly and unequivocally shows an intention to proceed with the suit and abandon the right to seek a stay under section 34 of the Indian Arbitration Act. Surrounding conduct and contemporaneous correspondence must be examined, and prior references to the named arbitrator supported the view that arbitration had been contemplated. On that basis, the stay application was maintainable and the suit was properly stayed in favour of arbitration. en-us Mon, 13 Jan 2003 00:00:00 +0530 Tue, 03 Apr 2012 13:13:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108682 A request for time to file a written statement does not, by itself, amount to a step in the proceedings that waives the contractual right to arbitration. The relevant test is whether the party's conduct clearly and unequivocally shows an intention to proceed with the suit and abandon the right to seek a stay under section 34 of the Indian Arbitration Act. Surrounding conduct and contemporaneous correspondence must be examined, and prior references to the named arbitrator supported the view that arbitration had been contemplated. On that basis, the stay application was maintainable and the suit was properly stayed in favour of arbitration. Case-Laws Companies Law Mon, 13 Jan 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108682