arbitration

Querist : Anonymous (Querist) 01 September 2010 This query is : Resolved
we hv one query about civil matter
we are respondents. The claimants has send a book let of claim statement. Our contents are agreement is not valid, as per agreement the finance company could not act and fulfill the agreement terms. So, the agreement is not valid. So, there is no necessity of arbitration.
The claimant file a injunction order against guarantee properties and get injunction order, and Hon'ble given injunction order and give adivse, with in one year you solve your problem at Arbitrator. We go to High court and get stay on District Court oder, post the CMA for final hearing.
In the Other hand we filed a case against Finance company in Consumer forum for deficiency of service. The case is under pending. So, our query is there is a nccessity of filing any matter before arbitrator ?

Follow Query

Report Abuse

s.subramanian (Expert) 01 September 2010
If the arbitrator has issued notice to appear,you have to appear before him and submit your objections to the arbitration proceedings before him. Even the question relating to the validity of the agreement and the legal competence of the arbitrator have got to be challenged only before the arbitral tribunal. In addition to all the legal action you taken till now,do this also to prevent any potential danger.

R.Ranganathan (Expert) 01 September 2010
If there is an arbitration clause, then you have to appear before the arbitrator only and place before the arbitrator all your defences and then if you are not satisfied with the arbitrators' award approach the higher forum by way of appeal.

H. S. Thukral (Expert) 01 September 2010
An arbitration agreement is a separate agreement than the main agreement. Even if the main agreement does not survive, the arbitration clause survives. As far as consumer proceedings are concerned, the remedy under Consumer Protection Act is in addition to any other remedy. But once the award is given, you can not agitate same issue before Consumer Forum.