Arbitration: *Once an application in due compliance with Section 8 of the Arbitration and Conciliation Act, 1996 is filed, the approach of the civil court should be not to see whether the court has jurisdiction, it should be to see whether its jurisdiction has been ousted – Supreme Court* _Mr. Justice J. B. Pardiwala and Mr. Justice R. Mahadevan_ Case Citation: (2025) ibclaw.in 183 SC Once there is an arbitration agreement between the parties, a judicial authority before whom an action is brought covering the subject-matter of the arbitration agreement is under a positive obligation to refer parties to arbitration by enforcing the terms of the contract. There is no element of discretion left in the court or judicial authority to obviate the legislative mandate of compelling parties to seek recourse to arbitration. Once an application in due compliance with Section 8 of the Act of 1996 is filed, the approach of the civil court should be not to see whether the court has jurisdiction. It should be to see whether its jurisdiction has been ousted. https://ibclaw.in/k-mangayarkarasi-and-anr-vs-n-j-sundaresan-and-anr-supreme-court/