Exparte rights in arbitration

pawan (Querist) 11 August 2014 This query is : Resolved
kindly help as per below in arbitration matter

Exparte proceedings started due to failure of party to pay its share of Arbitration Fees and cost and panelty.Party Moved application not to proceed expated but was rejected by Tribunal with remark that they are habitual offender.

1)My question can They participate in arbitration proceedings

2) What Right they still have ,can they cross examine the witnesses or can they demand any document , can they move any application before tribunal to delay or side track

3) can they still actively participate or will be mere spectaor or

4) they will not be allowed to sit in proceedings

Your early reply will be highly appreciated

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Devajyoti Barman (Expert) 11 August 2014
Unless fees of the arbitrator is paid, he can not be allowed to take participation in the proceeding.

Advocate Bhartesh goyal (Expert) 15 August 2014
order passed by Arbitrator is erroneous.you have every right to take participation in Arbitral proceedings.challenge the order of arbitrator u/sec 34 of the Act.