my firm is in arbitration with a debtor( non member of our merchants association) the proceedings started in oct 2012 , and the arbitration proceedings have already started and the opposing party is taking part in the arbitration proceedings ... the competition commision of india has cancelled the the rights of association to arbitrate between members and non members on 20 jan 2013, will it effect our arbitration proceedings? will it be effective in retrospective? its urgent pls guide.
Pending dispute anything if ahappens will not affect your right to arbitrate. Even otherwise, if there is a caluse in the agreement between you being a member and a non-member, the same can be pursued with arbitration proceedings.
the clause is in the invoice and the competition commission has disallowed the right to arbitrate with parties who are not members of the merchants association further more the oppsoing party has agreed to go in for arbitration in high court.