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Mitul Kumari (Practicing Advocate)     04 December 2011

Arbitration

Two Indians residing in a foreign country agreed to refer their disputes to Indian arbitrator and apply the provision of Indian arbitration and conciliation act 1996. Is such an agreement valid?



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 4 Replies

sridhar pasumarthy (ADVOCATE)     04 December 2011

Dear Mitul Kumari,

Yes it is absolutely valid.

Rajesh Hazra (Mediator and Legal Counsel )     05 December 2011

The parties must have agreed to this arrangement.

Mitul Kumari (Practicing Advocate)     05 December 2011

Thank u for ur valuable answer but can u explain me how or under wat section??

Rajesh Hazra (Mediator and Legal Counsel )     06 December 2011

Dear Mitul,

Arbutration is the resort that the parties agreed to comply on any default in the terms. Go into detail of Arbitration and Concilation Act 1996.  Please also note that United Nations Commission on International Trade Law (UNCITRAL) has also adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985 and the UNCITRAL has adopted the UNCITRAL Conciliation Rules in 1980.


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