Arbitration clause in partnership deed
advocatemanish
(Querist) 17 December 2013
This query is : Resolved
Sir, I need help, any one tell me that an partnership agreement has been created by the party. the first party has been filed a suit for recovery in civil court behalf of that agreement, but in that agreement one condition abt any disputes would be resolved under Arbitration and reconciliation act 1966.
so i want to now that is recovery suit should be valid in civil court.. what is the view of hon-able Supreme court any ruling..
ajay sethi
(Expert) 18 December 2013
take the plea that case should be referred to arbitration as per clause in agreement
Vidhi Joshi
(Expert) 18 December 2013
agree with mr. sethi.
Phani Kumar. D
(Expert) 18 December 2013
I agree with experts. Court may also appoint an Arbitrar
T. Kalaiselvan, Advocate
(Expert) 18 December 2013
If there is an arbitration clause agreed upon in the conditions for agreement, this source has to be exhausted first before approaching the court for relief thereon.
advocatemanish
(Querist) 19 December 2013
thank you all experts but is suit maintainable or not?? because court says that its should be decided by the create issues..