parntership deed

gayathri (Querist) 12 May 2010 This query is : Resolved
Subsequent to a partnership deed between certain parties, an agreement is made between the same parties. Then a dispute arises with regard to the Agreement. The Agreement does not have an arbitration clause but the partnership deed does. Can one revert to that arbitration clause for the purpose of the Agreement?

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Lalit Sharma (Expert) 12 May 2010
One can revert to that arbitration clause for the purpose of the Agreement only if there is a clause in the partnership deed to refer the dispute present, past, or future regarding any clause, agreement or terms executed in future. If there is no such clause in the partnership deed. no one can refer the dispute of agreement to the arbitration.

gayathri (Querist) 12 May 2010
Could you please cite the relevant legal provisions in this regard.

adv. rajeev ( rajoo ) (Expert) 12 May 2010
If the arbitration clause is in the partnership deed then it is applicable to all the partners, partners cannot go beyond the partnership deed.

gayathri (Querist) 12 May 2010
There is an arbitration clause in the partnership deed, but none in the subsequent Agreement with regard to which the dispute arose. In such a case can one revert to the Deed. What are the legal provisions in this regard.

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