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Siddharth   09 February 2016

Can arbitrator decides counterclaim without claim statement

Hi all members,

 Claimant did not filed statment of claim. However, arboitrator decided the counter claim and passed an award in favor of Counter claimant. There is not specific term in Arbitration clause as to counter claim.

Concept of counter claim is based on provisions of CPC...My  query is no counter claim can be entertained if no suit is filed....then in same fashion no counterclaim can be entertained in absence of statement of claim.... is it correct???



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