Legal Question in Business Law in
1.Can arbitration be invoked after four years the expiry of the agreement?
2.If party invoked the arbitration and refer the matter to arbitrator in such case and arbitrator sends you the application for appearence:
a.What should be action in the case?
b.Is there anny need to appear befor arbitrator or simple reply by registered post is enough.
1 Answer from Attorneys
1.Can arbitration be invoked after four years the expiry of the agreement?
It depends upon when the cause of action arose and the kind of cause of action. Each action has its own limitation which is defined under the Limitation Act. So, your question is highly vague, incomplete and requires more facts and examination of the agreement and fact about compliance of the agreement.
2.If party invoked the arbitration and refer the matter to arbitrator in such case and arbitrator sends you the application for appearence:
a.What should be action in the case?
It is to be seen if the notice is under Arbitration Act 1940 or Arbitration & Conciliation Act 1996. In either case you must file reply to the statement of claim along with your counter claim if any giving all the details. If you do not accept that there was any arbitration agreement or arbitration clause you must challenge the same at the first possible opportunity.
b.Is there anny need to appear befor arbitrator or simple reply by registered post is enough.
You may send your reply and objections by registered post but it is advisable to appear yourself or through attorney.
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