Arbitration & concillation act 1996
Adv.kamalanandani
(Querist) 16 May 2013
This query is : Resolved
Respected Sir/s
Following is my Query:
I have filed on matter in which there exist an Contract in which there is One Clause for referring matter to the arbitration and there is also another Clause which states that in case of any dispute arise between the parties Civil Court will have Jurisdiction to adjudicate the matter.Is there any Judg. that matter cannot be refereed to arbitrator when there is clause of Civil Court
Raj Kumar Makkad
(Expert) 16 May 2013
When there is a clause for arbitration then the matter shall first be referred to the arbitrator, however, there is no exclusion provision of civil court.
ajay sethi
(Expert) 16 May 2013
in case there is clause in contract that disputes be refrred to arbitration even if you file proceedings in court it would be referred to arbitration by court
R.K Nanda
(Expert) 16 May 2013
no more to add.
Adv.kamalanandani
(Querist) 17 May 2013
YES the Court can refer the matter to the arbitration but we don't want to refer the matter to the arbitration. As the Strict interpretation of Sec.8 of Arbitration act 1996 states at initial stage only defendant have to move application for referring matter to Arbitration...now in my matter O.S had filed Reply and now we dont want to let the matter to arbitration..what are your opinion?
Khaleel Ahmed Mohammed
(Expert) 17 May 2013
You have to file a op before the civil court, and the matter shall be sent to the arbitration as per the clause in the contract.Arbitrators will pass the award.If any party not satisfied with the award may prefer civil appeal.
Guest
(Expert) 10 December 2014
Well Attended
Anirudh
(Expert) 10 December 2014
SHAME ON THIS FELLOW TO ATTEND THIS ONE YEAR OLD QUERY.
HE IS TRYING ALL THESE GIMMICS TO HIDE HIS FALSE AND FRADULENT PROFILE.
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927
Therefore, before taking advice, the querist should be too careful
