Arbitration proceedings during pendency of civil suit

VIJAY K. TEOTIA (Querist) 22 March 2017 This query is : Resolved
We have filed a recovery suit. Opposite party filed application for arbitration since agreement contains arbitration clause. We had written to party for arbitration for settlement but they did not respond. After that we filed recovery suit. My query is at this stage can court refer matter for arbitration? If court insist for arbitration can we ask for appointment of arbitrator and fix a time frame?

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RAVI K GOUD (Expert) 24 March 2017
Yes, on application of party, With court's discretionary power if both parties agree for the arbitration it can do so and time frame can be fixed.

The reason for the grant of permission for arbitration would be due the piling up of huge pending cases before the courts, even Apex court has passed the guidelines for the arbitration and reconciliation of the matters pendenti lite, So the courts will always encourage to have mediation for the settlement of the disputes.

DR.VEDULA GOPINATH (Expert) 15 June 2017
Hon. Court has got limited power reg. time frame for arbitration completion period.

The court suo moto can direct arbitration.
In your case you can seek Arbitration from court. Under sec 29A of Arbitration Act (as amended) time limited has been stipulated of 12 months apart from incentive given for 6 months completion by arbitrator. Hon. cout cannot give time frame beyond sec 29A

cs dr vedula gopinath sr.advocate and arbitrator email vgnath@gmail.com

Guest (Expert) 15 June 2017
I endorse the views of Dr. Vedula Gopinath.

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