Legal Question in Civil Litigation in India
There is a contract made between company and the contractors to build hydro power project. It is mentioned that in case of dispute, the matter will be solved by Arbitration. And that neither party shall refer/settle any dispute or matter arising out of or in respect of this Agreement by/through a court of law. Now please comment on the validity of this clause.
Asked on 11/13/10, 11:42 pm
2 Answers from Attorneys
Vishwa Arya
Arya & Co.
such a clause in a contract is valid. If there is a dispute, you must give notice to appoint the arbitrator. Meanwhile if you want some interim relief you file an application under sect 9 before the court - which can be moved before the arbitrator starts his proceedings.
Answered on 11/14/10, 2:37 am
Sanjay. K. Dixit, Advocate.
Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"
Dear Sir,
Please eloborate nature, technical and consistency of you're contract.
Answered on 11/14/10, 6:48 am
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