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 ?
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 ?
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
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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 ...
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.
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 ...
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.
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 ...
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.
Other Responses
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 ...
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
Other Responses
If a Bank decides to opt for Arbitration to reclaim Credit Card dues which have gone NPA, does the arbitration tribunal or arbitrator need to consider only if there is dispute on the amount due or do ...
Dear Clinet,
The arbitration tribunal will allow you to present your case and put forward all that you want to say and communicate. They will hear all your pleas and then only they will decide on the award. But in all possibility they will not let you not pay the amount. They will make an award that you are to pay that amount. How to pay will be left open to you.
in 2018, My Business shut down and I ended up piling Credit Card Debt trying to revive it. I got a Job in 2019 May but ended up emptying my savings trying make minimum payment on card. I had mailed th ...
Dear Client,
One thing is to be kept in mind that loan or credit card is something which means we have taken money from a bank and used it for ourselves and then when the bank wants it back we have to return it as it is their money. In your case you do not have much options but to cooperate with the bank and also communicate with the bank to cooperate with you. Tell them that you will pay them in small amount once you are in job.
I was a employee of a Private Limited company Mumbai Based Head Office but still now Company is not giving clearance of PF by not updating my details in PF Portal like Date of Joining, Date of Leaving ...
Send them a legal notice first through a lawyer then followed by a legal case against them. They are committing a big blunder by not updating your PF details as that is a statutory requirement for every employer to do so and they can be penalized for not doing so.
I have taken a personal loan due to loss of job I am unable to pay the EMI for 5 months now they have told to pay it by tomorrow or there will be a warrant issued and the property will be attached. Pl ...
Dear Client,'
In case you are unable to pay a loan you does not become a criminal but it is a civil dispute. You can contact your lender and tell your problem and ask for new repayment plan which is easy for you. You can also take loan insurance which will fulfill your short time loan payment.
Thank You.
Other Responses
Can two arbitration proceedings permitted for same matter?
Hello
The principle of res judicata is indeed applicable to arbitral proceedings as also ruled by the Supreme Court. As per the principal of res-judicata a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties in the same court. Therefore there cannot be two arbitration proceedings for same cause of action in the courts of same jurisdiction.
Thanks
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