arbitration and counciliation

raghavendra (Querist) 01 August 2010 This query is : Resolved
an it possible to file case in civil court before refering the case to athe arbitration and counciation board , when there is agreement in deed about refer case to the arbitration and counciation

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c n vittal rao (Expert) 01 August 2010
Ordinarily no in special circumstances the court can exercise its discretion

S. Bharath (Expert) 01 August 2010
No need to go to the court arises at the first instance; you need to issue a notice to the other party invoking the arbitration clause. If you are unable to make any progress or if there is no agreed choice of arbitrator, then you need to approach your High Court for appointment of arbitrator. In any case, your regular civil court [junior division or senior division] does not have jurisdiction to pass any orders in this regard.

s.subramanian (Expert) 01 August 2010
yes.i agree with bharath.

DEFENSE ADVOCATE.-firmaction@g (Expert) 01 August 2010
Once the arbitration clause is there you have to go through this route only.

Murali Krishna (Expert) 07 August 2010
If in the agreement, arbitration clause exists, parties have to resolve the dispute through arbitration. Court is prohibited from resolving the dispute under S.8 of A&C Act.

However, Court can interfere to pass an interim relief/interim measure under s.9, but this does not prevent arbitration.

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