Legal Question in Civil Litigation in India

The agreement has an arbitration clause which says that arbitrator shall be nominated by board of directors of employer. The agreement also says that the jurisdiction of Daman Courts for any dispute.

The unlawfully terminated employee sent notice to Managing Director and Chairman to appoint arbitrator but they did not reply. The HR General Manager replied saying that there is no question of arbitration as the termination is valid.

Whether the employee to file the case in Daman Courts or File for appointment of arbitrator through courts? If court is to be petitioned whether to file in Mumbai High Court?

What will be the costs and procedure?

Thanks.

seshabullatyahoodotcodotin


Asked on 9/09/10, 2:34 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

you will have to move an application under section 11 of the arbitration & conciliation act 1996 in Daman for appointment of an arbitrator by filing the original arbitratration agreement or agreement containing the arbitration clause. if you are looking for an interim relief you may add claim under section 9 by seperate application along with it.

Please note that once the arbitration clause exist you cannot file another civil suit.

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Answered on 9/11/10, 6:02 am


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