Arbitration and conciliation act
Amy vadesa
(Querist) 20 November 2013
This query is : Resolved
we have made a Lease Agreement with one party and due financial problem we failed to pay rent on time and for that reasons that party has filed a civil suit against us in the civil court.
but in the lease agreement we made a clause that any dispute or difference arising out of this agreement shall be referred to a sole arbitrator.
so my question is that as the clause mention in agreement already though can a party approached to civil court rather than to follow the agreement clause and he has to approach arbitrator.
please guide me...
ajay sethi
(Expert) 20 November 2013
in your reply take the plea that as per agreement disputes have to be referred to arbitration only . in case of disputes court will refer the case to arbitration
R.K Nanda
(Expert) 20 November 2013
raise preliminary objection in ur WS about
arbitration clause of agreement.
Amy vadesa
(Querist) 20 November 2013
is there any specific rule or order mentioned in the Act by which we can take stand.
R.K Nanda
(Expert) 20 November 2013
as per code of civil procedure.
Amy vadesa
(Querist) 20 November 2013
thank you for your support sir...
ajay sethi
(Expert) 20 November 2013
thanks for your appreciation
R.K Nanda
(Expert) 20 November 2013
Amy,
ur welcome.
V R SHROFF
(Expert) 20 November 2013
Take it in preliminary objection: As per agreement disputes have to be referred to arbitration only .
Though civil court hv jurisdiction in all cases.
Raj Kumar Makkad
(Expert) 20 November 2013
Special law overrides general law. Arbitration and Conciliation Act mandates to exhaust the provisions of the Act first if the clause of arbitration is duly mentioned in the agreement.
