Role of Arbitration

Bhawani Mahapatra (Querist) 17 May 2011 This query is : Resolved
In an agreement, executed between the parties, there is specific clause regarding "arbitration" which says that " any dispute arises in relation to this agreement shall be referred to an arbitrator appointed by the parties with mutual consent". If the agreement is terminated by any of the parties, for the reasons whatsoever, can the agreived party insist the other party to go for arbitration proceeding after termination of the agreement ?

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R.Ramachandran (Expert) 17 May 2011
Whether the termination of the contract/agreement is justified/correct/valid itself would be an issue before the arbitrator. Therefore, definitely an aggrieved party can ask for appointment of an arbitrator, even after termination of the agreement.

Devajyoti Barman (Expert) 17 May 2011
The aggrieved need not insist on the other party for referral , the aggrieved party himself can apply for appointment of arbitrator or for referral to the arbitrator.

Guest (Expert) 17 May 2011
yes, agree with devajyoti
The aggrieved party himself can apply for appointment of arbitrator because there is a clause and after that one party can not avoid or escape from the liability (If the agreement is terminated by any of the parties so it means to take some benefit,Right..)

Heaven 2011 (Expert) 18 May 2011
Yes of course..the seniors are right.

Guest (Expert) 19 May 2011
Agree with Devajyoti.

Bhawani Mahapatra (Querist) 19 May 2011
Thanks for your valued suggession.

Sri Vijayan.A (Expert) 20 May 2011
The aggrieved can appoint one Arbitrator.
If the other party does not prefer that Arbitrator, he can appoint one more Arbitrator.
Both of them can hear the thinks jointly.