Arbitration clause in an agreement
abhijit majumder
(Querist) 02 November 2020
This query is : Resolved
To
The respected fellow Colleague
My Company is a 100% State Govt owned Company under Department of Forests.
Very recently the Company entering into a dealership agreement with a dealer.
The agreement contain a clause :
"Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement (deed) or the subject matter thereof shall be referred to the PRINCIPAL SECRETARY OF THE Department of Forests who act as an sole arbitrator."
My query is :
Is it a Valid clause as per arbitration and conciliation act 1996?
Abhijit
Isaac Gabriel
(Expert) 02 November 2020
Yes.Both has to abide by the Arbitral clause.
kavksatyanarayana
(Expert) 02 November 2020
Yes. Agreed with the advice of learned expert Mr. Issac Gabriel sir.
Advocate Bhartesh goyal
(Expert) 03 November 2020
Yes, it is valid clause and both the parties are bound by this condition.
abhijit majumder
(Querist) 03 November 2020
Thanks to all honorable and senior experts of the panel for sharing their opinions/views.
Regards
Abhijit Majumder
Dr J C Vashista
(Expert) 04 November 2020
I agree with experts, terms and conditions of agreement are unambigous and accepted by both the parties.
Rajendra K Goyal
(Expert) 04 November 2020
Valid, if agreed by all parties to the agreement.
