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tarun (Advocate)     03 September 2008

Arbitration Case withdrawn - what can be next possible remedy?

Hello friends

According to arbitration clause in the agreement my govt. establishment submitted the dispute to IAS officer (arbitrator as agreed) . Dispute is regarding  recovery of 2 installments of contract money by parking contractor.

Arbitration proceedings started and finding of arbitrator was that its  weak case to proceed. But before any award the dispute petition was withdrawn by us.

after that our institution  filed a case for recovery of arrears with the Collector under Land Revenue act .

now my Question is that what  can be complications after withdrawal of the arbitration petition (as withdrawn by us people) and filing new case for recovery of arrears with
collector.

Is there any law/rule  which require to exhaust arbitration  remedy before resorting other?

Please guide


Learning

 3 Replies

Murali Krishna (Govt..Employee)     03 September 2008

 Since in the agreement arbitration clause is included, it is mandatory to you to proceed in terms of the arbitration clause. As you have withdrawn the dispute from the arbitrator, you have no other go. Your withdrawal of dispute from the arbitrator amounts waiver of your right of claim under Arbitration & Conciliation Act, 1996. Hence, I am of the opinion that you have no other recourse except to forego your claim.  

H. S. Thukral (Lawyer)     03 September 2008

If there is an arbitration clause for resolution of disputes between the parties, and the dispute is covered by this clause, then you have no other alternative. I agree with Murali Krishna, you have no course left open now. 

Priya Ranjan (Sr. Ex.Legal)     04 September 2008

You have no further recourse as you are bound by the terms of Arbitration  clause in the agreement.


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