Not agreeing for Arbitration !

Querist : Anonymous (Querist) 15 February 2011 This query is : Resolved
There is an arbitration clause in the family agreement that we have signed in 2007 but due to large scale fraud that has come to my knowledge subsequently two brothers are not comming forward for arbitration and I am told by the experts in this forum that arbitration can not be forced. Things are there fore at stand still and I have suffered max. due to this. Pl. advice if I should go for arbitration in court or straight way file a criminal case against persons involved. Regards,

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Mallik Karra (Expert) 15 February 2011
The subject matter of the arbitration is limited. now that you are talking about Fraud which inturn will bring into picture a host of allgations like criminal misappropriation and criminal breach of trust, these cannot be dealt in arbitration and you have to file a case in the appropriate court.

Mallik Karra (Expert) 15 February 2011
Find SC decision on the same...

Querist : Anonymous (Querist) 06 April 2011
Mr. Malik, Thanks for clarification but pl. advice if the case is to be filed in MM's Court in Mumbai as I am based in Mumbai

Advocate. Arunagiri (Expert) 06 April 2011
If the arbitration clause is already included in the family agreement which was signed by the parties, the arbitration proceedings can be initiated by sending them a notice. If they do not come, the arbitrator is having power to pass suitable orders exparte.

Querist : Anonymous (Querist) 07 April 2011
Dear Ad. Arunagiri, Family MOU is not registered and I am told that matters where frauds are involved can not be decided by an Arbitrator as per Supreme Court ruling and also the opposite parties are not open to it. So the only option is to file a criminal case against them as they are employed with large corpoate bodies and may come forward for a reasonable settlement.

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