Value of Arbitrator clause in agreement without signature
Querist :
Anonymous
(Querist) 08 April 2011
This query is : Resolved
R/Members My recovery suit against marketing board is pending and now fixed for rebuttal .Defendant in his evidence exhibited a attested copy of agreement in which only my signatures are there but there is no signature of second party i.e. defendent or any witnesses.What is evidentary value of this agreement and arbitration clause mentioned in this agreement,kindly suggest. I donot want to go to arbitrator.Regards
adv. rajeev ( rajoo )
(Expert) 09 April 2011
when there is no signature of yours, it shows that you are not agreed for the terms and conditions. Have you cross examined him regarding the signature?
Parveen Kr. Aggarwal
(Expert) 09 April 2011
When the suit is already at rebuttal stage, the matter cannot be referred to arbitrator even if there is a valid arbitration agreement. Section 8 of the Arbitration & Conciliation Act, 1996 makes provision for the stage and manner in which a legal proceeding can be referred for arbitration.
Advocate. Arunagiri
(Expert) 09 April 2011
The agreement is valid if all the parties to the agreement signs it.
Jitendar Kumar gupta
(Expert) 09 April 2011
Don't admit the agreement otherwise your suit goes as when there is arbitration clause then civil court has to refer the case for arbitration.
J.K.Gupta Adv.
9868529732
Parveen Kr. Aggarwal
(Expert) 09 April 2011
Section 8 of the Arbitration & Conciliation Act, 1996:
"8. Power to refer parties to arbitration: where there is an arbitration agreement- (1) A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration.
(2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof.
(3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made."
If an application is made by a party to the court where suit is pending, for reference of the matter for arbitration AFTER SUBMISSION OF HIS FIRST STATEMENT ON THE SUBSTANCE OF THE DISPUTE, the court is not bound to refer it to arbitrator.
