Arbitration - conflict between agreement and ICA rules


what would prevail when there is conflict between arbitration clause in an agreement and a rule of Indian Council of Arbitration Rules ?

 
Reply   
 

Arbitration Law provides for the discretion to the parties to chose the applicability of substantial as well procedural Laws. The applicabiltiy of laws depends upon the arbitration agreement. therefore if the parties choses a different proceural law to follow then only that procedure is to be followed.

 
Reply   
 



The above observation is in regard to the International commercial arbitration. However in domestic arbitration the parties are free to choose the procedural law and in case of any conflict the procedural law chosen by the parties would prevail.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu