https://www.taxtmi.com/caselaws?id=165191 An arbitration agreement executed during the pendency of an appeal can still attract Section 8 of the Arbitration and Conciliation Act, 1996, because the phrase "a matter which is the subject of an arbitration agreement" is not limited to pre-existing agreements. The Court treated Section 8 as mandatory where the disputes fall within a valid arbitration agreement, the court action concerns the same subject matter, and the request for reference is made before the first substantive statement or is otherwise not opposed on the facts. Once arbitration is agreed, the pending proceeding requires no further adjudication, and the parties' rights, obligations, and remedies shift to the Act, including award challenge procedures. Section 42 was held not to limit this reference power. en-us Tue, 28 Mar 2000 00:00:00 +0530 Wed, 02 Jul 2025 12:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=165191 An arbitration agreement executed during the pendency of an appeal can still attract Section 8 of the Arbitration and Conciliation Act, 1996, because the phrase "a matter which is the subject of an arbitration agreement" is not limited to pre-existing agreements. The Court treated Section 8 as mandatory where the disputes fall within a valid arbitration agreement, the court action concerns the same subject matter, and the request for reference is made before the first substantive statement or is otherwise not opposed on the facts. Once arbitration is agreed, the pending proceeding requires no further adjudication, and the parties' rights, obligations, and remedies shift to the Act, including award challenge procedures. Section 42 was held not to limit this reference power. Case-Laws Companies Law Tue, 28 Mar 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=165191