pratik (self working) 12 July 2010

arbitration clause.

If a person has entered an agreement or with a contract for sale or purchase of any thing whether movable or immovable if the contract or agreement has a arbitration clause so it is complusory to fight the dispute between the parties first as per the arbitration act. Also if a arbitration clause is there does it says that it barred the civil proceedings or civil suit (means first go as per the arbitration act & than if not satisified than file a civil suit or suit for specific perforamnce or suit for injuction.

also

My question is whether the arbitration clause is banned me from seeking solution from consumer court or civil court.

also

is there any difference between suit for specific perforamnce or suit for injuction. when can a person can file the suit for specific perforamnce or suit for injuction.

also it is a true hearted requested tell me the books under which all types of suits meaning ,difference, & when can a person can file which suit , the benefits of filing the particular suit, & also when can a person known that which type of suit can he or she file.

pls as i am going to do llb i am very much eager to known all types of suit in detail pls tell me . pls

Thanks in advance.

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2 Replies

Daksh (Student) 13 July 2010

Dear Pratik,

Going before civil court and agitating your cause before consumer forum are two different things but in an Agreement having Arbitration clause civil court usually do not entertain the suits in this regard.

Best Regards

Daksh

pratik (self working) 13 July 2010

Thanks a lot R G TIGRANIA & DAKSH JI

But as per the saying that the opinion which section says the opiniion give or any case laws of apex court.

thanks in advance.

2) which author(S) are excellent of regarding the act on insolvency , arbitration act, speific relief act & limitation act sir pls give the author who gives the detail info with the examples, case laws.

Thanks A Lot

Good bless u all.