Arbitration clause in leave & license

service

1. Can arbitration clauses be included in every contracts ?

2. I have heard that arbitration is invalid in 'leave & license' agreements. Is it true?

 
Reply   
 
Law Officer

Dear Anand

There is no hard and fast rule to include or not the arbitration clause in any contract. Its a tool for alternate dispute resolution system rather approaching to court for any dispute arising out of a contract. There is no bar for arbitration clause to be included in Leave & License agreement.


Total likes : 1 times

 
Reply   
 


IP Lawyer & Trademark Attorney

Rightly  explined by Mr Mahapatra.


Total likes : 1 times

 
Reply   
 

The issue with respect to Arbitration Clause in a Leave and Licence Agreement is decided against the validity of clause by the Hon'ble Supreme Court in the year 1981.


Total likes : 1 times

 
Reply   
 
service

Thanks for your answer Mr Thakkar.  Is it possible to get the referernce to that judgement . Would be grateful.

 
Reply   
 
Legal Consultancy

In Maharashtra in a properly drafted and registered  Leave and License Agreement, the competent authority can decide the dispute summarily hence insertion of an arbitration clause will certainly be a misfit and not at all in favour of licensor.

Ibrahim Deshmukh
Legal Consultant
ibdesh@gmail.com
 


Total likes : 1 times

 
Reply   
 
service

Thank you very much Mr Deshmukh for your reply. 

Which is the competant authority to decide leave & license matters in Maharashtra ?

Which act governs leave and license matters in Maharashtra?

 
Reply   
 
POWER OF DEFENSE IS IMMENSE

You are landlord or tenant.

 
Reply   
 
service

landlord

 
Reply   
 
advocate

leave and license agreement is governed under Mah Rent Control Act. In Mumbai Competnent authority is in Mhada buiding, wherein licensor can make application for eviction of licensee.   every dist. has one competent authority which deals with proceeding regarding leave and license agreement.  however, agreement is to be registered.


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu