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ADVOCATE ANIL PANDEY   22 May 2023

Can one sided signed and executed contract attract arbitration provisions?

Dear Learned Members,

Kindly enlighten me on the facts given below:

1- There was an agreement b/w My Company & a Service Provider for arranging an Event Programme with the Specification as mutually agreed in the Graphics design prepared by the service provider. 

2- There were many conversations held over email for making changes in the Graphics design and also negotiations for consideration prices. 

3- At last Graphics designed final over emails and a signed copy of the Agreement and Graphic design sent by service provider to us, however we had not put our signature in the agreement & the Graphics Design .

4- The Event that was organized by the Service provider caused a reputational harm to us in the trade forum, due to worst infrastructure setup by the service provider, which is in contravention of the terms & condition decided under the agreement and in graphics design.

5-  As there was a breach of contract in the form of the worst services rendered by the service provider that damaged our reputation.

6- My Query: We want to file a money recovery suit in the civil court but there is an Arbitration Clause in the Agreement. However we not signed the agreement, so are we under obligation to first go with the arbitration or we can directly file the money recovery suit?

Sincerely Thanks

Anil Pandey 



Learning

 3 Replies

Real Soul.... (LEGAL)     22 May 2023

If you agreed in emails to continue with agreement hat will be deemed as acceptance and agreement to the contract  terms and conditions. If there is arbitration clasue in the agreement you have to follow thatven of you  did not signed the gareement but acted on agreement as it appears you have accepted services too. If you file for recovery suit that will be wastage of time and money . The other party will be having enough proof oto demonstarte that you are govrned by arbitration clasue.

1 Like

Sudhir Kumar, Advocate (Advocate)     27 May 2023

meet your lawyer to consider feasibility of consumer complaint.

Rajesh Hazra (Mediator and Legal Counsel )     28 May 2023

Arbitration would be the best option for settlement as the event has already been completed where both the parties were present. Resorting to other options may be ti e consuming and costly.


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