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(22) Arbitration in the cases filed in court

(22) Arbitration in the cases filed in court:

(1) Both of the parties may apply in the court for the settlement of commercial nature of civil cases having possibility of compromise according to prevailing laws and filed in court pursuant to section 3 sub-sections (2) and of the Act.

(2) Parties shall mention following aspects for filing application pursuant to sub-rule (1).

(a) Brief of the case,
(b) Name, surname and address of the person being arbitrator,
(c) That the person being arbitrator does not have
disqualification mentioned in section 10 of the Act,
(d) That the settlement of the arbitrator shall be acceptable.

(3) Upon the filing of application pursuant to sub-rule (2) such application shall be presented in the bench. The bench may issue an order for sending the case to be compromised by an arbitrator hearing counter-claim of both parties in oral as well and taking consideration of as to whether the condition of section 4 sub-section (2) is prevailing or not.

(4) Where a compromise is so executed by arbitrator pursuant to sub-rule (3) no complaint shall be entertained except a complaint that the other party has not complied with the deed of compromise.


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