https://www.taxtmi.com/caselaws?id=279301 A stay application under section 34 of the Arbitration Act depends first on whether the legal proceeding is between parties to a binding arbitration agreement and whether the dispute is referable to that agreement. Where the formation, existence, or binding nature of the arbitration agreement itself is disputed, the court may decide that preliminary issue on the materials before it rather than refuse stay automatically. If the respondent is not a party to the agreement, stay must fail; if the respondent is a party and the dispute otherwise falls within the clause, stay may be granted. The respondent's status under the arbitration agreement had to be determined first before final disposal of the stay request. en-us Thu, 01 Nov 1951 00:00:00 +0530 Tue, 12 Mar 2019 12:45:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279301 A stay application under section 34 of the Arbitration Act depends first on whether the legal proceeding is between parties to a binding arbitration agreement and whether the dispute is referable to that agreement. Where the formation, existence, or binding nature of the arbitration agreement itself is disputed, the court may decide that preliminary issue on the materials before it rather than refuse stay automatically. If the respondent is not a party to the agreement, stay must fail; if the respondent is a party and the dispute otherwise falls within the clause, stay may be granted. The respondent's status under the arbitration agreement had to be determined first before final disposal of the stay request. Case-Laws Indian Laws Thu, 01 Nov 1951 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279301