No Arbitration, If the Agreement Does not Provide a Clause of Arbitration

It’s Not Arbitration If Jurisdiction Of The ‘Designated Officer’ Can’t Be Invoked By Both Parties To The Dispute…

““Arbitration has always been understood to mean the process by which a dispute is resolved by an arbitrator chosen or acceptable to both sides under an arbitration agreement between the two parties.”

Arbitration agreement should contain the Arbitration clause to invoke the jurisdiction and the matter to be refereed to arbitrator for adjudication of the disputes. any agreement should expressly include the clause of Arbitration in the case of disputes arises and that has to be resolved by invoking the Arbitration clause of the agreement.

If the agreement specifies a designated officer then it does not mean that the parties can invoke the jurisdiction of the Arbitrator. that any such officer or competent officer so designated are there only to resolve the issues between the parties. they cannot act as the Arbitrator for deciding the disputes between the parties as any such officer cannot be enjoined to act as Arbitrator judicially. thus if the agreement terms does not specify the Arbitration clause to be invoked in case of dispute then the question of appointment of arbitrator invoking such clause will not arise and it cannot be held as terms of agreement entered between the parties to decide the dispute. hence no jurisdiction arises to appoint any arbitrator.

Leave a Reply

Your email address will not be published.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