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RS Dudani (Director)     03 April 2011

Arbitration in a family matter

A family dispute has reached in the courts wherein property disputes, provisions of domestic violance Act,, and even Divorce proceedings have been filed.  These all have emanated because of dispute of claimants in a property.  Three cases are pending in the matter, in the Courts of Delhi.  Family members have been advised by seniors in the family  to go in for out of court settlement and resolve their disputes.  A Senior Government Officer is one of the family members, but not related to either the dispute in property or in the divorce proceedings.  Some Members of the family have approached him to settle the dispute.  The Person concerned, while agreeing to arbitrate, holds the opinion that all the member should first give an application in the Court, informing that they wish to settle the dispute throught the Arbitrator.  The Arbitrator also wants an undertaking from all the members to the dispute that they should give an application seperately or jointly agreeing for the arbitration and also suggest to the Court that the Arbitrator will file his award in the Court, which may be made Rule of The Court.

My querries are :

(i) Whether in some disputes already pending in the Court, can application be made for out of court settlement and for appointment of an agreed arbitrator ?

(ii) Whether the Award of such arbitrator can be made the Rule of the Court ?

(iii) If any member does not accept the award for any reasons, would the Court still pass the Judgment as Rule of the Court ?

(iv) Can any member, who does not agree to the Award and consequential Rule of the Court, is the appeal permissible ?

We may mention that all the people have faith over the Arbitrator, but the person proposed to be appointed as Arbitrator, presently tells all the people, that he will act in the family interests, if all the members first either withdraw their cases, or file an application in the Court, for accepting the Award, which he will render in the family interest and keeping in view the laws and rights applicable to each. Further, he also says that he will file his award in the Court, by clearly discussing all the issues in the family dispute - which are either documented or even in the personal knowledge of the arbitrator.
The concerned person proposed for Arbitrator is a Senior Government Officer and holds Degree in Law.

Please advice

RS Dudani


 1 Replies

Tajobsindia (Senior Partner )     04 April 2011

@ Author

You have asked a very interesting que. on arbitration. I suggest knowing that your que. are quite basic que. kindly read yourself first this link and still if you have any other questions left you are more than welcome to ask them and we are here to help you out.


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