Dear Seniors and Co Members,
i work in a company which is in the buisness of outsourcing manpower. A client of my company after taking our services is reluctant to pay our legal dues with no justification despite admitting our dues which he owes in an email. we have requested to the extent we can.
now to recover the same, i need to send them an arbitration notice (since it is made part of the agreement for resolving the dispute arising out of the agreement) to appoint an arbitrator as the arbitrator will be appointed by client only and the juridiction agreed to is of Hyderabad. we Now for that I would request you to share with me the draft of notice as I have not dealt with Arbitration law
also i would like to know though we have written end numbers of email to settle but to no avail so should we invoke the dispute resolution clause of the agreement asking the cleint to settle the matter or should we invoke the arbitration clause right away seeing that cleint is not paying our payment
please guide and help with the draft of the letter- relevant clasues are given herein below for your kind reference
Thanking You
With Regards
DISPUTE RESOLUTION
AMICABLE RESOLUTION- Save where expressely stated to the contrary in this agreement, any dispute, difference or controversies, difference of opinion and claims arising out of or in connection with this agreement or in any way relating hereof of whatever nature between the parties, howsoever arising, shall in first instance be attempted to resolve amicably by meeting between the parties.
Arbitration
Any Arbitration arising in the contract, in case of failure of amicable settlement between the parties, then either party may within 30 days of such failure give a written notice to the other party requiring that all the matters in dispute or difference be arbitrated upon. The venue for such Arbitration shall be Hyderabad. The Sole arbitratior shall be appointed by the client. if any fee to be payable to the arbitrator, the same shall be payable by both the parties
