arbitration
s. ramesh
(Querist) 04 August 2008
This query is : Resolved
can there be two clauses in a contract, where one clause is the "conciliation clause" of SFCA's Rules 2003 and the other clause is the "ARbitration clause" of the same Rules ?
ESTHERPRIYA
(Expert) 04 August 2008
Kindly give me the details as to SFCA's Rules 2003.
Srinivas.B.S.S.T
(Expert) 04 August 2008
As far as my knowledge is concerned NO, if any one think i am worng please let me know. Thanks in advance.
Manish Singh
(Expert) 04 August 2008
yes , there could be both the clauses simultaneously since after failure of the conciliation process, arbitration can be started.
H. S. Thukral
(Expert) 04 August 2008
The new Act of Arbitration (The ACA 1996) also contains provisions for conciliation. When during the proceedings,parties agree to resort to conciliation, the arbitration proceedings shall be stayed and on failure of conciliation the arbitration can be taken from the stage where they were stayed. There is no need to have a separate clause in the contract for settlement of disputes by conciliation in addition to the arbitration clasue.
The conciliation proceedings can be successful when both parties come to a settlement and terms of settlement are reduced in writing and both parties put their hands on the same. The conciliation proceedings can be initiated with the consent of both parties and can not be enforced. The Conciliator can give proposals but can not enforce his proposals. Award by an Arbitrator is enforceable.
In my opinion, in a contract there can be two procedures for settlement of disputes by ADR methods. There is no restriction in drafting out a contract like this. Now a days after filing of a suit in the court, the same is referred to mediation process with the consent of both parties and if no settlement is arrived at judicial proceedings commence from the last stage.
mintu
(Expert) 06 August 2008
Without going into SFCA's Rules 2003 No one can advise you propery. So please metioned the SFCA's Rules 2003 or a link of it.
