Legal Question in Administrative Law in India
In arbitration proceedings under Arbitration and Conciliation Act 1996,India, can the Arbitrator appointed by Chief Justice of a High Court , stay criminal proceedings against both the parties who have filed such cases against each other but have agreed to settle/compromise the same in terms of a Settlement Agreement which has been made the subject of Arbitration ?
Asked on 9/09/10, 12:03 am
2 Answers from Attorneys
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
no, arbitrator has no power to stay criminal proceedings. these proceedings must be stayed by the court only...preferably high court that appointed the arbitrator.
Answered on 9/09/10, 12:21 am
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
I agree. Arbitrator has NO jurisdiction over courts and cannot interfere in proceedings initiated under Cr. P. C.
Answered on 9/09/10, 8:28 am
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