Limitation about initiating arbitration proceedings
Querist :
Anonymous
(Querist) 02 January 2012
This query is : Resolved
Respected experts,
There is a clause in an Agreement (un-registered) for the appointment of an Arbitrator, in case of any dispute between the employer and employee in respect of claiming liquidated damages. So what is the period of limitation, if I want to file a case before an Arbitrator, as against the above said Agreement? It should be either from the date of Agreement or from the date of left the organization or from the date of last demand of legal notice.
V R SHROFF
(Expert) 02 January 2012
FROM THE DATE THE CAUSE OF ACTION ARISEN.
Querist :
Anonymous
(Querist) 02 January 2012
sir,
plz.specify in detail
V R SHROFF
(Expert) 02 January 2012
Unless you show cause of action,in detail, i m unable to specify details.
prabhakar singh
(Expert) 03 January 2012
The following facts are needed from you for proper answer:
1.The arbitration clause with date of agreement.
2.The date on which you left the organization.
3.The date on which your dues became due.
4.The date on which the notice of demand was sent as well as served upon the employer.
5.Reply any from employer,if yes then,what and when?
6.Did you asked for arbitration so far by any notice,if yes, then when?
Devajyoti Barman
(Expert) 03 January 2012
As long as the dispute is subsisting you can file at any point of time an application u/s 11 of the Act before the High Court fro appointment of an arbitrator.
In the said petition you can file interim petition as well.
Querist :
Anonymous
(Querist) 03 January 2012
Respected Experts,
Thans for giving your valuable suggession.
