Existence of dispute - to be decided by arbitrator?

before doing doing business made the agreement and agreed the clauses included for if rise any dispute then will go for arbitration, so any one not go court.

You can file an application before the civil court to appoint an arbitrator under section 8 of Arbitration & Concelation Act. Civil Courts has such power.

Civil Court has no power to appoint Arbitrator,It's only High Court who can appoint Arbitrator u/s 11{6} of Arbitration and Conciliation Act 1996.

Both of you do not agree is a dispute.

If one of the parties does not agree to an arbitration clause in an Agreement or for appointment of an Arbitrator, the other party can move the Chief Justice of the concerned High Court or the designate Judge for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. 

Once the Arbitrator is appointed and one of the parties challenge that the Arbitrator has no jurisdiction to decide the disputes, the Arbitrator will himself decide the issue whether he/she has jurisdiction or not. 

Yes ,Arbitrator has to decide the issue whether he has jurisdiction to decide the dispute or not.

as per agreement u need to creat dispute by giving notice of claim wherein u suggest name of arbitrator to resolve dispute give them one month time to approve arbitrator, if they fail, file an application u/s 11 before high court for appointment of arbitrator.

if you claim some thing and other party soes not agree for it ...it comes u nder dispute......any disagreement between two parties.........

If the arbitrator do not have jurisdiction or his appointment is not legal what is the recourse to it.

He may decide that he has jurisdiction or his appoitment is legal.

there after what aggreived party can do, where to appeal under which provision.

You can file an application before the civil court to appoint an arbitrator under section 8 of Arbitration & Concelation Act. Civil Courts has such power.

You can file an application before the civil court to appoint an arbitrator under section 8 of Arbitration & Concelation Act. Civil Courts has such power. 

 

impartial person as a sole arbitrator for the adjudication of the

disputes that have arisen between the parties. The respondent has

appeared to contest the petition primarily on the ground that no

valid arbitration agreement exists between the parties so as to call

for the appointment of an arbitrator in terms thereof. The

respondent's case precisely is that the contract document which

the petitioner relies upon has not been signed on its behalf by an

authorized person and is not, therefore, binding or enforceable

against it. Two questions essentially arise for determination in the

light of the pleadings of the parties and the submissions made by

them at the bar.

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