Section 8 of Arbitration and Conciliation Act, 1996 is an exception to Section 42

K. Samad Vs Reliance Capital Limited (Madras High Court) Held that section 8 of the Arbitration and Conciliation Act, 1996 is an exception to Section 42. However, if Section 8 is also brought within the ambit of Section 42, it would defeat the sublime philosophy underlining arbitration i.e., party autonomy. Facts- Simple question that arises in the captioned Arb OP is a threshold question and that is whether this Court [Madras High Court] is the curial Court which will have jurisdiction to entertain captioned Arb OP. Conclusion- Held that section 8 of the Arbitration and Conciliation Act, 1996...