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ca.bhupendrashah (FCADISA)     17 October 2008


is ad hoc arbitration turning into denial of justice?


 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 October 2008

If there is an 'Arbitration clause' in the contract or partnership deed, or a separate arbitration agreement between the parties, none of them can go to the court for any dispute arising out of the venture or partnership. The only way and remedy is available to both the parties and partners to go to 'arbitration'. The aggrieved party shall propose to have arbitration under the 'Arbitration Clause' or 'Arbitration Agreement'. Both of them shall appoint the 'Arbitrator' with mutual consent. Thus the parties can get all the advantages of arbitration without approaching to the court and without ntereference of the court. The dispute is solved within a short period, quickly and cheaply. More particularly their previous amicable relationship would be re-established by arbitration. thus 'Arbitration clause' or 'Arbitration Agreement' would prevent the parties from approaching the Judicial Dispute settlement, i.e. Courts.


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