there was a dispute between the two brothers regarding properties...they entered into the arbitration agreement and appoint the sole arbitrator and then entered in the MOU in 2001
...MOU states that some companies and liabilites with one brother and other companies and liablities with another brother.... one brother ie my party obliged the MOU and trasfered shares but other brother refuses to pay the same..
Then ny client paid liability of elder brother too....in 2004 my client filled a suit of cancellation of MOU and 2007 withdrwn and filed a suit of specific performance before High court... in 2012 suit of specific performance was dismissed on limitaion on Order 7 R 11 app;lication of defendant ... now there is arbitration agreement can my client go in to arbitration of the same MOU after dismissal of specific performance on limitation