Legal Question in Mediation in India

i had entered in to a Job work type agreement with a company having production facility . where i was to utilize its production facilities. but i could not continue with the business with the company as there production facilities was not as per the agreement. my huge amount of money is blocked with the company . the agreement has a arbitration clause . how to go ahead with arbitration .


Asked on 6/03/11, 3:56 am

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

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Here we go.......

Send them a notice to invoke arbitration under the said clause and then an arbitrator shall be appointed as per the said clause. Thereafter when the arbitrator is appointed he or she would send you a notice. If the arbitrator is to be appointed by them only then there may be a possibility that the arbitrator could act in a partial manner and he may not even send you a notice or even proceed ex parte. The arbitration clause has to be perused. REMEMBER AN ARBITRAL AWARD CAN BE CHALLENGED IN THE APPROPRIATE COURT u/s 34 of the A&C ACT and in case you need to seek interim relief during arbitration proceedings then you have a remedy of stay u/s 9 supra.

For further assistance kindly call +919810050896

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Answered on 6/03/11, 4:14 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

first of all what your arbitration clause says about appointment of arbitrator

arbitrator can not proceed without taking cognizance of your issues

if its do so than the remedies is there mentioned above

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Answered on 6/04/11, 12:04 am


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