Arbitration

yash (Querist) 25 March 2017 This query is : Resolved
In how many cases a particular party can appoint same person as arbitrator ? As in my case the opposite party (bank) had received an ex-party award against me from the Sole Arbitrator who was appointed by them only. I have filled objections u/s 34 which are pending in court. Meanwhile I came to know that the sole arbitrator appointed by the bank is acting as IN HOUSE ARBITRATOR of the bank as he had done more than 30 arbitration cases of the same bank. So plz help me with your expert opinion. Any particular Supreme Court guidelines on the matter ?

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DR.VEDULA GOPINATH (Expert) 26 March 2017
mr yash

I earnestly feel that the arbitrator
appointed by the Bank as well as his award is not valid.

A person interested in the transaction cannot approve himself. Thus the arbitrator is INTERESTED PARTY.

iF YOU GIVE FURTHER DETAILS I CAN GUIDE YOU FURTHER.

cs dr vedula gopinath advocate/arbitrator
vgnath@gmai.com m9866013121

Rajendra K Goyal (Expert) 26 March 2017
Agree with the expert DR.VEDULA GOPINATH.

dr g balakrishnan (Expert) 26 March 2017
it is a settled law even if mediation u/s 89 of cpc 1908 if rejected the matter reverts back to the court though the frame of reference was done by the civil judge; so arbitrato here is not final you are to be the party but his action is exparte any exparte oder can be set aside by the very court granted the ex party order; so issue a legal notice to the bank and move for liquidated damages for bank worked in its own interest without caring for the respondent here you as a party.
one can have arbitrator but he has to be approved by the opposite party here you obviously not approved so the arbitration is null and void.