Arbitration procedure
cherry
(Querist) 20 March 2013
This query is : Resolved
Dear Sir,
i want to know,(A) is Plaintiff and (B) is Defendant.
Party (A)&Party (B) have not sign arbitration contract and then (A) put fabricated contract in arbitration and (B) have solid evidence about said contract is menu plated/fabricated. yet arbitration procedure not start but it start in April ,then (B) apply in court for stay for arbitration procedure,because he don`t sign arbitration contract with (A) and put evidence again court,also (A) party write to court `` court have no rite to stay arbitration procedure``(A) party also add 1st(B) party must join arbitration and if he don`t satisfied for judgment then he apply in court ?so i want to know if court found false contract submitted by (A) party then court give STAY to (B) party ?
also have any judgment about ``Court give Stay to (B) party`` in this type of case.
if (A) & (B) have not sign Arbitration contract then Arbitration procedure will run?
Devajyoti Barman
(Expert) 20 March 2013
The dispute is t be decided by Arbitrator only.
The court has no power to stay the arbitration proceeding.
Raj Kumar Makkad
(Expert) 20 March 2013
As the serious allegation is that the arbitration clause has been manipulated and fabricated and the same was never part of the contact so this forgery can be solved only by civil court and no arbitrator can initiate any action thereto till this controversy is decided by civil court.
