Hello friends
According to arbitration clause in the agreement my govt. establishment submitted the dispute to IAS officer (arbitrator as agreed) . Dispute is regarding recovery of 2 installments of contract money by parking contractor.
Arbitration proceedings started and finding of arbitrator was that its weak case to proceed. But before any award the dispute petition was withdrawn by us.
after that our institution filed a case for recovery of arrears with the Collector under Land Revenue act .
now my Question is that what can be complications after withdrawal of the arbitration petition (as withdrawn by us people) and filing new case for recovery of arrears with
collector.
Is there any law/rule which require to exhaust arbitration remedy before resorting other?
Please guide
Since in the agreement arbitration clause is included, it is mandatory to you to proceed in terms of the arbitration clause. As you have withdrawn the dispute from the arbitrator, you have no other go. Your withdrawal of dispute from the arbitrator amounts waiver of your right of claim under Arbitration & Conciliation Act, 1996. Hence, I am of the opinion that you have no other recourse except to forego your claim.
