Arbitration by unregistered firm

yes d bar doesnt apply in case of arbitration proceedings

An unregistered firm is prohibited from instituting legal proceedings and hence arbitration proceedings also would be not maintainable.  But the rule of non maintainability of suit or proceedings applies only for suing other entities or others, but not for dispute among partners.  For cases involving disputes among partners (like suit for accounts) etc, there is no bar either approaching courts or initiating proceedings under arbitration.

i dnt agree.. unreg. firm can go fr arbitration!!

Dear Sir,

I fully concur with the views of Krishna Legal. An unregistered firm cannot sue or be sued and the same would include arbitration proceedings also. The only exception being an inter-se dispute between partners.

Thanks,

Ramakrishnan, ADV

If there is an arbitration agrement between the parties (which includs unregistered firms also) the firm can go to fime section 9 or section 11 application under Arbitraton & Concilation Act, 1996. Similarly, if an unregistered firm enters into an arbitrtion agreement, it can be sued under the same provisions.