Can a court compel for arbitration

Prabhat K Srivastava (Querist) 13 April 2009 This query is : Resolved
Dear All,

Pls let me know-- in case of subsistence of arbitration clause in an agreement questioned under a pending civil suit, can a court compel to the parties for approaching the arbitrator or its discretionary?

Regards,

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adv. rajeev ( rajoo ) (Expert) 13 April 2009
Some times court can compel to the parties for approaching the arbitratror, because when there is an arbitration clause then court will have no jurisdiction.
Even on the application by the parties court can consider the arbitration clause.

sanjeev murthy desai (Expert) 13 April 2009
Yes i agree with Mr. Rajeev

Adv.Shine Thomas (Expert) 14 April 2009
Yes,I agree with the above opinion

Shashikant V. Patil (Expert) 14 April 2009
I too agreed with the views.

Shyam Ji Srivastava (Expert) 16 April 2009
Dear,

If there is a clause for ARBITRATION then Civil Court can not try the suit and only remedy is to take action under Arbitration Act.

Sachin Bhatia (Expert) 02 October 2009
If there is an arbitration clause then court can compel to the parties for approaching the arbitratror.

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