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TMI Blog2000 (3) TMI 1068X X X X Extracts X X X X X X X X Extracts X X X X ..... tions and remedies of the parties would now be governed by the new Act including the right to challenge the Award. The Court to which the party shall have recourse to challenge the Award would be the Court as defined in clause (e) of Section 2 of the new Act and not the Court to which an application under Section 8 of the new Act is made. An application before a Court under Section 8 merely brings to the Courts notice that the subject matter of the action before it is the subject matter of an arbitration agreement. This would not be such an application as contemplated under Section 42 of the Act as the Court trying the action may or may not have had jurisdiction to try the suit to start with or be the competent Court within the meaning of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me being in force, in matters governed by Part I, no judicial authority shall intervene except where so provided in that Part. Section 5 brings out clearly the object of the new Act, namely, that of encouraging resolution of disputes expeditiously and less expensively and when there is an arbitration agreement, the Courts intervention should be minimal. Keeping the legislative intention in mind, Section 8 of the new Act may be construed. It reads: Power to refer parties to arbitration where there is an arbitration agreement. 8(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 so applies not later than when submitting his first statement on the substan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontext, necessarily require that the agreement must be already in existence before the action is brought in the Court. The phrase also connotes an arbitration agreement being brought into existence while the action is pending. Blacks Law Dictionary has defined the word is as follows: This word, although normally referring to the present, often has a future meaning, but is not synonymous with shall have been. It may have, however, a past signification, as in the sense of has been. A further question arises whether the Court is in these circumstances obliged to refer the parties to arbitration and if so with what effect. In the matter before us, the arbitration agreement covers all the disputes between the parties in the proceedings before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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