Parties are permitted to propose candidates to act as a sole arbitrator or, in the case of a three-member tribunal, each party is permitted to nominate one arbitrator and the two party-appointed arbitrators appoint the chairman. Selecting an arbitrator may be one of the most crucial decisions a party will take.
As answered in the previous question, yes the private parties can appoint their arbitrator but that clause must be there in the agreement to invoke it and appoint.
Purushothaman Dr.V
Replied 1 year ago
Sir,
Thanks for your response.
There is a clause in bye laws of a housing society which says as follows;
" Arbitration:In case of any dispute/s between the members and the Association and or between the members themselves, and if those disputes cannot be settled at the association level or through the Grievance Committee if any constituted, such disputes shall be referred for arbitration to a judge retired from High Court. The arbitrator shall be chosen from out of names suggested by the parties concerned by lots. Decision of such arbitrator shall be final and binding on the parties concerned. In the event of arbitration of disputes among the members. The expenses of arbitration shall be borne equally by the parties concerned, initially. On conclusion, the party in whose favour the arbitration award is given shall meet the entire expenses. In the event of any dispute between any member/s and association, relating to payment of all kinds of charges / common properties or non observance of rules of the association or any issue affecting the association or general life of all members, entire expenses is to be borne by the concerned member"
Request your advice on this provision. Can I refuse for such an arbitration?
Regards
Dr.V.Purushothaman
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