Objection in written statement can serve as arbitration application

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Delhi High Court held that a party invoking an arbitration clause is not required to file a formal application specifically asking for reference of the dispute to arbitration as long as it raises an objection in the written statement that the suit is not maintainable in view of the arbitration clause in the agreement.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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