arbitration act

Querist : Anonymous (Querist) 10 March 2010 This query is : Resolved
can an arbitration petition is file against an individual person? plz. provide me case law/ citation if any is available.

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Raj Kumar Makkad (Expert) 10 March 2010
Yes. Arbitration application is filed before the competent authority and if allowed the matter is referred thereto and no citation is required in such matters if this clause is existing in the agreement.

Adv ramesh chheda (Expert) 10 March 2010
arbitration petition can b filed ag any person with whom u have entered into an agreement so to solve any dispute between both of u by adopting arbitration proceeding. however in case of special laws u cannt adopt arbitration proceedings. there is no need of have citation just refered to arbitration act

Guest (Expert) 10 March 2010
I do agree with experts.

Parveen Kr. Aggarwal (Expert) 10 March 2010
Arbitration application is filed in pursuance of an arbitration agreement. An arbitration agreement may be entered into between two individuals, two corporate bodies or one individual and a corporate body. If there is a dispute, the arbitration application is filed by one party to such an agreement against the other party. So, there is no reason why an arbitration application be not filed against an individual.

Raj Kumar Makkad (Expert) 10 March 2010
well defined by all experts.

Querist : Anonymous (Querist) 10 March 2010
Thank you experts for reply soon but the definition says something different that a person means a person who is resident of other then india. then under the circumstances can an arbitration petition file against an individual?

Parveen Kr. Aggarwal (Expert) 10 March 2010
Please specify the provision where person has been defined to mean in the manner stated by you.

Querist : Anonymous (Querist) 11 March 2010
in the definition of party

Parveen Kr. Aggarwal (Expert) 12 March 2010
Mr. Anonymous,

Section 2(h) of the Arbitration and Conciliation Act, 1996 defines a "party" to mean a party to an arbitration agreement.

It nowhere says that a person means a person who is a resident of other than India.

There is nothing in the Act from which such an inference can be drawn that any petition cannot be filed against an indidual.

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