inlusion of parties in the arbitration application
I.V.LAKSHMI
(Querist) 11 December 2009
This query is : Resolved
facts of the case:
Applicant: Public Limited Company
Respondents: One Partnership firm and a Private Limited Company managed by the same person.
Applicant entered two agreements separately with partnership firm for supply of material and The other agreement with Private Limited Company for erection and commissioning of the project.
Two different agreements but the work done by the respondents is interlinked.
Can the applicant include both parties in one arbitration application?
H. S. Thukral
(Expert) 11 December 2009
If you have dispute with both parties and have different agreement on arbitration, you have to go for two different arbitration.
S.KARUNAMOORTHY
(Expert) 11 December 2009
I agree with Harbhajan Singh....... arbitration comes into operation when there exist written aggrement to this effect, if so number of parties are relevent in accordance with agreement(s). Make two application. The reason is in case if u come out of success the liability will varing cos of partnership and company.. u might know this company is limited and partnership is unlimited.
aman kumar
(Expert) 11 December 2009
One Partnership firm and a Private Limited Company managed by the same person.
have diffrent legal personality & differ agreement made by you so you have to go for two different arbitration
you can open the curtail of company & suit against person behind them
Raj Kumar Makkad
(Expert) 11 December 2009
Definitely, you shall have to make parties to both.
