Legal Question in Criminal Law in India

if there is clause under the agreement that the aggrieved party party as to approch an arbitator before approaching the courts can he directly appraoch the court.

is this violation of the agreement if so under which clause of the which act is applicable.


Asked on 2/07/11, 11:56 pm

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

If under an Agreement the name of the Arbitrator is mentioned then you are required to approach the Arbitrator but if the name or designation is not mentioned in the agreement then you are suppose to move to the court after sending a notice to the other party for an appointment of an Arbitaror.The entire proceedings are regulated under the Arbitration and Conciliation act,1996.

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Answered on 2/09/11, 2:14 am


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