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Anurag Kapur (Manager -Tax)     23 May 2014

Skipping of arbitration proceedings

Can under any situation the parties skip the arbitration proceedings and directly approach courts?

Though our contract provides for arbitration ,Can we directly move to court (Not for any interim relief u/s 9) for resolution of the issues



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 3 Replies

Sunil S Nair (lawyer)     26 May 2014

If there is a clause in the said agreement for arbitration which is lawfully signed attested by witness registered acknowledged by you the court will ask you to follow the same generally court does not interfere where matter is referred to arbitration and there is no harm in arbitration proceeding unless you feel the proceeding is one sided you can knock the doors of court during arbitration proceeding but before award 

Saurendra Rautray (advocate)     11 December 2015

Hi,

No the court would not interfer if there is a arbitration clause.

regards

saurendra rautray

 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     14 December 2015

Agreed.

First exhaust the available remedies Arbitration clause thereafter look towards court.


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