Arbitration and conciliation act 1996 Arbitration and conciliation act 1996

11 months ago

As after agreement expired arbitration clause sustained and considered as valid so it is essential to issue notice under sec 21 of arbitration act

Kishan Dutt Kalaskar

Responded 11 months ago

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A.Dear Sir,
Without issuing proper notice to the other side Arbitration proceedings cannot be concluded. If the other side refused to receive the notice then ex-parte orders may be passed by the Arbitrator it is called Award.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 11 months ago

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A.Dear Client,

In the absence of an agreement to the contrary, the notice under Section 21 of the Arbitration and Conciliation Act,1996 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. The provisions of Section 21 are not limited only for the purpose of determining limitation and a party cannot straight away file a claim before the Arbitrator without issuing the notice under Section 21 of the Act.
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Vidhi Samaadhaan Vidhi Samaadhaan

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