Dear Members,
Would like to draw your experiences and view on the following matter that which would be beneficial in moving ahead in the case.
Two Parties "A" and "B" entered into an agreement, B drafted the agreement and gave "A" permission to have a branch office of "B". The agreement contains an Arbitration clause, differences proped between the parties. "B" in the mean while sent a LEGAL NOTICE specifying charges as IPC 420, now B is proceeding for filing a civil suit for the money dispute.
The question here is
1. Can "A" avoid going to the Arbitration proceedings, as the court may say, it has no jurisdiction as the agreement contains arbitration clause and advices to settle the matter through arbitration.
2. Giving of LEGAL NOTICE devoids "B" of his right towards ARBITRATION.
Members view are solicited in this regard.
Regards,
Pramod
