Querist :
Anonymous
(Querist) 27 February 2010
This query is : Resolved
distributer cheats police refused to register case arbitration clause in contact is it a dispute can we go for arbitration
Heaven 2011
(Expert) 27 February 2010
Your question is not clear at all. However if there is already an agreement with the distributor where the clause arbitration is there, can go for arbitration, otherwise have to enter a seperate arbitration agreement. There should be a defined legal relationship be it contractual or not.
Parveen Kr. Aggarwal
(Expert) 27 February 2010
Arbitration agreement or arbitration clause in an agreement is no bar for launching of criminal prosecution. Arbitration proceedings are for enforcement of civil rights whereas criminal proceedings are for punishment of commission of offences. Both the proceedings can go on simultaneously. If police refuses to register case, you may file a criminal complaint in the Court.
B K Raghavendra Rao
(Expert) 27 February 2010
You can go for arbitration as the provision for arbitration is provided in the contract.
Kumar Thadhani
(Expert) 01 March 2010
Yes can always approach court directly andfile criminal complaint for commission of offence or prosecution against the distributor.
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