Case Law Analysis
|Calcutta High Court
Section 8 Arbitration Act | Party Cannot Invoke Arbitration While Denying Validity of Underlying Agreement : Calcutta HC
The Calcutta High Court has ruled that a party cannot seek arbitration under Section 8 while simultaneously disputing the existence, authenticity, or execution of the agreement containing the arbitration clause. This establishes a clear bar against contradictory pleadings, reinforcing that arbitration cannot be a tactical tool when the foundation of the agreement is denied - a critical check for litigants in commercial disputes.