Arbitration With Criminal Case
05-Jan-2023 (In Arbitration Law)
I had signed an agreement with a pune based company in July 2018 with no termination clause and a 3 year lock-in period. I was made a director with 0% stake in September 2019 and in Aug 2021 I quit the company after proper notice. The company recently sent an arbitration notice around breach of agreement as it was mentioned in the agreement. However, I came to know that the company had forged my signatures on various financial documents (Board Resolution, Financial statements, Directors report etc) so I filed a criminal case under various sections against the company directors and CA. My question is as follows: 1. Can they still file for arbitration while there is a criminal case registered against them? 2.If yes, will it under the same Criminal Court or in a separate Civil Suite? 3. Does it make any difference if they initiated arbitration before I filed the criminal case?
criminal complaint and civil proceedings can run simultaneously. both are independent and have no bearing on each other. meanwhile, you you need to look at the civil proceedings on merits and push for registration of FIR in the criminal matter.
yes you file the criminal complaint against the company you want aribritrati matter if yes I join thisee meeting and solve the problem if you want anything else. information regarding your matter or questions for further proceedings can you come in my office for discussion your case of matter
1. criminal proceedings and arbitration proceedings can take place independently of each other. So yes the Company can initiate arbitration proceedings against you. Howewer if the agreement containing the arbitration clause itself was forged by the company, you would be entitled to object on the grounds that submission to arbitration is invalid in law.
2. Arbitration proceedings are in essence alternative dispute resolution (ADR) Mechanisms. they are extra-judicial in nature, meaning that they are conducted outside out the framework of court mechanism wherein an independent and neutral person or body known as arbitrator or arbitration tribunal, as defined in the arbitration clause, determines a judicial dispute in accordance with law by simulating a courtroom set up. it is usually considered to be more expeditious, efficient and efficacious compared to court-litigation, and is the most popular in commercial disputes resolution. it is neither before civil court or criminal court, although, the proceedings will by nature be civil proceedings since criminal matters are not cable of resolution through arbitration process.
3. it will not make any difference for you or your criminal case they initiate arbitration proceedings, however, you must get an FIR registered on the basis of commissionof cognizance offenses of cheating and forgery, and it is advisable to avoid giving the police police impression that the dispute is of civil nature.
2. Arbitration proceedings are in essence alternative dispute resolution (ADR) Mechanisms. they are extra-judicial in nature, meaning that they are conducted outside out the framework of court mechanism wherein an independent and neutral person or body known as arbitrator or arbitration tribunal, as defined in the arbitration clause, determines a judicial dispute in accordance with law by simulating a courtroom set up. it is usually considered to be more expeditious, efficient and efficacious compared to court-litigation, and is the most popular in commercial disputes resolution. it is neither before civil court or criminal court, although, the proceedings will by nature be civil proceedings since criminal matters are not cable of resolution through arbitration process.
3. it will not make any difference for you or your criminal case they initiate arbitration proceedings, however, you must get an FIR registered on the basis of commissionof cognizance offenses of cheating and forgery, and it is advisable to avoid giving the police police impression that the dispute is of civil nature.
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