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anand das (service)     21 July 2011

arbitration matter

If an arbitration clause is mentioned in an agreement, can any of the parties approach civil court ?

and what relief civil court can give?

Wont thes be parrallel proceedings and whether such parallel proceedings are allowed in law?


 2 Replies

Out of Court (Consultant)     21 July 2011

if thr is mention of clause of arbitration and the either party approach civil court it is not parellal, but once the arbitration process is comenced there is provision that either party can approach the Court mid way the arbitration ...but if the arbitration clause is present and party approaches directly to the court, the Court may direct to invoke the arbitration procedure first, and may also entertain the case without such direction as aforsaid depends upon the circumstances .... but it always better to resolve dispute out of court if the arbitration clause is present in the agreement ... 

1 Like

H. S. Thukral (Lawyer)     21 July 2011

If the dispute is covered by the arbitration clause the jurisdiction of any judicial authority is hit by section 5 of the ACA. The Civil Court authority is vested only in section 9 and 34 of the ACA. there can not be parallel proceedings. Even the existence of an arbitration agreement shall be agitated before the arbitrator under section 16 and nt before the civil court.   

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