Shubham Bhardwaj (Advocate) 13 July 2021
Dear Mr Pandey,
I am assuming that your question is from the point of view of retiring partner. If a valid arbitration clause exists in an agreement, then the retiring partner can send notice for initiating arbitration and appointment of arbitrator in accordance with the agreement. In case the other party refuses, an application can be filed in the principal civil court of original jurisdiction for appointment of arbitrator. Once the arbitrator is appointed, the arbitration proceedings will begin.
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh.
Disclaimer:- Opinion is only for guidance.
ANAND PANDEY 13 July 2021
Dr J C Vashista (Advocate) 14 July 2021
Apply to the Civil Court of jurisdiction for appointment of arbitrator as per terms of partnership.
Availability or short of funds has no relevance to invoke arbitration clause and getting appointment of arbitrator,
G.L.N. Prasad (Retired employee.) 14 July 2021
Simply file Pre-litigation conciliation petition before District Legal Services Authority and make an attempt for a compromise.