Whether a arbitration clause in a bye law is necessary

P. Vijaya Akilan (Querist) 09 January 2013 This query is : Resolved
hi everybody,
i want to know whether a bye law of an cricket association recommends arbitration clause in case of dispute.
i have filed a suit for declaration for suspending my client from the association for 3 years and i have filed the suit inspite of the fact that there is a clause in the bye law which says that the aggrieved party should ask for arbitration.
now the respondent has filed a petition u/s. 8 of the Arbitration and Reconciliation act asking the court to initiate arbitration clause.
whether it is necessary to go for arbitration other than going to the civil court for remedy

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Guest (Expert) 09 January 2013
Yes, it is necessary to ask for appointment of arbitrator to go in for arbitration for the redressal of any dispute, if arbitration clause is included in the byelaws.

Raj Kumar Makkad (Expert) 09 January 2013
If there is an arbitration clause in the bye-laws then civil court shall not entertain your case and you have to resort to arbitration.

H.M.Patnaik (Expert) 10 January 2013
When there is adequate scope in the Bye-laws of the organisation providing for Arbitration of disputes then without exhausting said forum , you can not take the case to the Civil court straightaway.

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