Arbitration
vivek giri
(Querist) 25 January 2012
This query is : Resolved
can there be 2 arbitration matter solved on a single arbitration?pls.provide case law with your answer.
regards
Raj Kumar Makkad
(Expert) 25 January 2012
If two matters are inter-connected or have same issue involved therein then both can be decided in the same arbitration proceeding by arbitrator. No specific law is concerned as there is no adverse law to this general practice.
Raj Kumar Makkad
(Expert) 25 January 2012
If two matters are inter-connected or have same issue involved therein then both can be decided in the same arbitration proceeding by arbitrator. No specific law is concerned as there is no adverse law to this general practice.
prabhakar singh
(Expert) 25 January 2012
First provide the facts then expect for any case law.
ajay sethi
(Expert) 25 January 2012
these are 2 separate cases and if parties agree to refer them to sole arbitrator then arbitrator can pass award in respect of the 2 cases . are they inter connected? is the issue involved in the 2 cases same?
V R SHROFF
(Expert) 26 January 2012
I agree with Mr. Makkad.
Dr V. Nageswara Rao
(Expert) 26 January 2012
1. What issues are to be referred to arbitral tribunal depends on the agreemenr between the parties.
2. If the isuues relate to one and the same dispute, the same tribunal can adjudicate the matters.
3 If the issues relate to two different disputes between the same parties, there must be two different arbitration agreements between the parties.But the parties can agree in advance that any future disputes arising out of the same transaction are to be settled by arbitration.
4 If the transactions are different, even if the parties agree to refer to the same arbitrator, technically the arbitrations are different and seperate agreements are to be entered into specifying the disputes, venues, procedures etc.
Dr V. Nageswara Rao
(Expert) 26 January 2012
All private arbitration disputes are governed by Arbitration and Conciliation Act of 1996. Industrial disputes can be referred to arbitraion under ID Act. Matters pending before civil courts can be referred to arbitration by the courts under CPC also.
Shonee Kapoor
(Expert) 27 January 2012
Nothing left to add.
Regards,
Shnee Kapoor
harassed.by.498a@gmail.com
