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can we approach court in place of arbitration?
16-May-2023 (In Arbitration Law)
In an agreement entered with Joint Director Agri. department GoK there is a clause to refer the dispute to arbitration. But, instead can we approach court instead of arbitration? and which court.
Please share the agreements copy to be able to get proper guidance unless going through agreement its difficult to guide. Usually most government agreements do contain arbitration clause unless it mentioned exclusive you will have option open to approach normal courts
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Adv. Swarnarka Chowdhury
Mysore | 400+ Answers
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Hi
u can approach city civil court and u can file ur petion in case if the other side object under sec 8 of arbitration act then an orders will be passed u can file it before normal chief judicial magistrate
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Adv. Joseph Jojy
Mysore | 50+ Answers
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On inclusion of an arbitration clause in an agreement, even if you do initiate proceedings in any civil court , the other side may always file an application under section 8 of the arbitration Act and get the matter referred to an arbitration. So do reconsider. On the other hands, there are options to explore considering the exact wording of arbitration clause, including if it is one sided arbitration, but then again, the challenge is in the legal position that , the arbitrator so appointed alone has jurisdiction to decide upon its jurisdiction as well.
You may approach civil court to get an interim order under section 9 and in the meanwhile initiate arbitral proceedings.
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Adv. Sushanth Sharma BS
Bangalore / Bengaluru | 25+ Answers
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