Arbitration through the Intervention of Court where no Suit is Pending

Advertisement

Though the parties have entered into an arbitration agreement before a suit in respect of any matter relating to the agreement is field in a court, one of the parties may apply to the court for the filling up of the agreement with it. Such an application must be in writing, numbered and registered as a suit. The interested parties shall be made as plaintiffs and disinterested as defendants. The court having heard the objections, if any, of all the parties to the agreement, issues an order of reference to an arbitrator appointed by the parties or by the court itself. Thereafter, all the rules applicable in the case of arbitration without intervention of the court, shall apply.

 

Arbitration through the Intervention of the Court where a Suit is Pending

On receiving an application from the parties to the suit, the court may refer the matter in difference to an arbitrator appointed by it, for determination within a specified time. Where some of the parties to the suit apply to the court for reference to arbitration, the other parties who were not applicants shall be bound by the suit only, which continues so far as it relates to those parties.

Advertisement
The following two tabs change content below.
We, at BMS.co.in, believe in sharing knowledge and giving quality information to our BMS students. We are here to provide and update you with every details required by you BMSites! If you want to join us, please mail to [email protected]
0 Comments

Leave a reply

Your email address will not be published. Required fields are marked *

*

*

BMS.co.in is aimed at revolutionising Bachelors in Management Studies education, also known as BMS for students appearing for BMS exams across all states of India. We provide free study material, 100s of tutorials with worked examples, past papers, tips, tricks for BMS exams, we are creating a digital learning library.

Disclaimer: We are not affiliated with any university or government body in anyway.

©2020 BMS - Bachelor of Management Studies Community 

A Management Paradise Venture

Ask Us On WhatsApp
or

Log in with your credentials

or    

Forgot your details?

or

Create Account