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About arbitration and conciliation
30-Jul-2023 (In Property Law)
What is Section 9 of the Arbitration and Conciliation?
Their is an ongoing case of our in civil suit against a builder.So can one person from a group of people withdraw his name and go to high court for Section 9 of the Arbitration and Conciliation,is it possible?
Also can we joint the names of other group members with the person who has Section 9 in his agreement?
No. One cannot file a section 9 petition if an ongoing suit is going on if there is no arbitration clause in the agreement between the two parties.
In case there is an Arbitration clause, civil court automatically ceases to have jurisdiction in the matter and the matter needs to be directed to arbitration. one can certainly file a section 9 petition in that case.
In case there is an Arbitration clause, civil court automatically ceases to have jurisdiction in the matter and the matter needs to be directed to arbitration. one can certainly file a section 9 petition in that case.
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Adv. Sudarshan Desai
Pune | 200+ Answers
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Section 9 is the method by which one aggrieved party of an arbitration agreement moves the High Court for appointment of an arbitrator for deciding the disputes and differences between the both the parties
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Adv. Garima Anil Mehrotra
Mumbai | 500+ Answers
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