Arbitration awarded on 7th oct 2022
Arbitration awarded on 7th oct 2022
I was not aware that arbitration proceedings were going on. I did not receive any notice. What is the next step.
1 year ago
A. Dear Client,
Section 21 of the Arbitration and Conciliation Act 1996 reads as under:
"Commencement of the arbitral proceedings unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute to be referred to arbitration is received by the Respondent"
Hence according to Section 21 of the above mentioned act Act is that in the absence of an agreement to the contrary, the notice under Section 21 of the Act by the Claimant invoking the arbitration, preceding t ...ReadMore
Appontment of Arbitrator
Is it true that as per latest amendment to Arbitration and Conciliation Act 1996, an arbitrator can be appointed only by High Court / Supreme Court? And the parties to dispute cannot appoint their own
1 year ago
A. Dear Sir,
It is not so such Arbitrators can be appointed by mutual consent of both the parties to the agreement or either of the party if so specified. If there is any dispute then one of the party may approach the Court and seek appointment of Arbitrator who is neutral person.
Private Arbitration
Can the parties to a dispute appoint their own arbitrator?
1 year ago
A. Yes, According to section 11 of Th Arbitration and Conciliation Act,
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.
Corporate fraud and security amount recovery
I have deposited security amount of 20 lacs with a company for being a carring and forwarding partner of a Pvt. Ltd. firm against an agreement. Now there is no business given to us by that company sin
1 year ago
A. Dear Sir,
It is very difficult if you go in civil way. Better register FIR saying that it was a clear cheating case and thus you may recover the amount and atleast may get post dated cheque.
Arbitration - Finance company do agreement by fraud
Finance company do agreement by fraud and file arbitration case due to covid 19 i can not present and they has passed ex-party award.what can i do
1 year ago
A. Dear client, in my humble suggestion, you should approach the Court in order to put forth your contention.
Arbitration Act - a new arbitrator is appointed
if the current Arbitrator is removed and a new arbitrator is appointed , the question is from which point the new Arbitrator will resume the proceedings ?
1 year ago
A. The same rules shall be followed in appointing a substitute arbitrator which were applicable to the appointment of the arbitrator being replaced. Where an arbitrator is replaced, any hearing previously held may be repeated at the discretion of the arbitral tribunal, unless otherwise agreed by the parties. However, it is provided that an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator shall not be invalid solely because there has been a change in the compos ...ReadMore
NBFC loan - amount Rs65000
I had taken loan from NBFC amount Rs65000, i have made two repayments. Unfortunately, due to some unavoidable reasons I am unable to make repayment. They have given me a legal notice saying that they
1 year ago
A. Dear Sir,
Yes, many banking institutions wontedly initiative Arbitration proceedings in a City which is far away from barrowers place. Better to settle the amount or form a union of similar victims and fight unanimously.
Arbitration issue - Dispute settled between claimant
Dispute settled between claimant and respondent. NOC issued by the claimant to respondent. However, the arbitrator without taking cognisance of the NOC, passed an award decree order directing to make
1 year ago
A. Dear Sir,
You have to take the matter to the Civil Court to get the award set aside since NOC was issued by the claimant and in view of such NOC award cannot be executed.
Harrassment by the secretary of society.
In April 2014, we started the reconstruction of our house which was completed in December 2014. Till completion, no objection was raised by the Society Committee. In late December 2014, the society i
2 years ago
A. Dear Client,
You may file and complaint against the society association for harassment and save all the evidence you have against them to produce in front of the court.
Sole Arbitrator passed an Ex-parte Award
I have two queries here. First background, I had credit card dues (Lost job and inability to pay back with no assets to sell) for which bank took arbitration recourse and appointed sole arbitrator in
2 years ago
A. Hi,
The most important factor in deciding whether or not to challenge an arbitration award is whether or not the arbitration decision is binding. If the arbitration is ineffective and non-binding, any party or parties may appeal the award without a reasonable basis for doing so. However, if the Arbitration is binding, then you must have a compelling reason to challenge the award. Section 34 (2) (a) lays down grounds for setting aside arbitration award:
1.A party is under some incapacity.
2.The ...ReadMore
