Arbitration awarded on 7th oct 2022
1 year ago
I was not aware that arbitration proceedings were going on. I did not receive any notice. What is the next step.
A.Dear Client,
Section 21 of the Arbitration and Conciliation Act 1996 reads as under:
"Commencement of the arbitral proceedings unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute to be referred to arbitration is received by the Respondent"
Hence according to Section 21 of the above mentioned act Act is that in the absence of an agreement to the contrary, the notice under Section 21 of the Act by the Claimant invoking the arbitration, preceding the reference of the disputes to arbitration, is mandatory and without such notice, the arbitration proceedings which are commenced would be unsustainable in law.
Hence if it was not agreed prior then the arbitration awarded in your case would not be sustainable.
Thank you so much I hope this answer helped.
Section 21 of the Arbitration and Conciliation Act 1996 reads as under:
"Commencement of the arbitral proceedings unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute to be referred to arbitration is received by the Respondent"
Hence according to Section 21 of the above mentioned act Act is that in the absence of an agreement to the contrary, the notice under Section 21 of the Act by the Claimant invoking the arbitration, preceding the reference of the disputes to arbitration, is mandatory and without such notice, the arbitration proceedings which are commenced would be unsustainable in law.
Hence if it was not agreed prior then the arbitration awarded in your case would not be sustainable.
Thank you so much I hope this answer helped.
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