Litigation against Company
In recent years, to avoid litigation, there has been a general tendency and inclination towards, resolving the dispute before an independent ARBITRATOR.
An Arbitration clause is incorporated in agreement, and any dispute, will be referred to Arbitrator, whose decision shall be final and finding.
- If the company is unwilling to abide by Arbitration clause, then an application may be filed in High Court for Directing the company, to appoint an Arbitrator, and resolve the dispute.
- Final order passed by Arbitrator, is called on " Award ", and it is final and binding on parties. Appeal lies to High Court, only if, Arbitrator has acted malafide , biased, or failed to perform the duties