Arbitration With Intervention Of Court

All or any of the parties to arbitration may apply under this sec to the court for intervention arbitration in the proceedings. The determination of dispute by decision of one or more persons nominated by the parties to a dispute It is called arbitration.

i- Arbitration with intervention of the court

ii- Arbitration without intervention of the court

Arbitration with intervention of court shall be held under the following circumstances.

 i- The parties must have entered into an agreement

ii- Agreement must be filed in the court

iii- A difference in the agreement must have arisen

iv- The court must have the jurisdiction in the matter

 i- One or more parties to agreement

ii- All parties to agreement

An application by all or any of the parties must be made to the court. The court shall determine all the parties to agreement as plaintiff’s or defendants. The court shall issue notices to all the parties for the attendance in the court. The court shall demand a sufficient cause by the parties that why they have not filed agreement in the court. The court shall appoint arbitrator who is agreed by the parties or any other if the parties are not agreed.

 When agreement is filed to the court, the court will order for reference of agreement to arbitrator. The court shall appoint arbitrator where the arbitration proceedings are carried out with the intervention of the court. Arbitration with intervention of courts his co-extensive to the proceeding u/s 34. The procedure u/s 20 shall be follow for referring a dispute where proceedings are not pending.