Issues
Guest
(Querist) 20 December 2014
This query is : Resolved
In an Arbitration, issues are being framed and the claimant has provided issues, which in fact is his Prayer and is stressing for the same.
Please clarify whether points in Prayer clause can be made Issues also in the Arbitration in which it has been decided otherwise that CPC and evidence act shall not apply.
DR.VEDULA GOPINATH
(Expert) 21 December 2014
Issues Framing is the prerogative of Hon.Court/Ld.Arbitrator.
In the progressive and transparent adjudication, Court/Arbitrators are accepting submission of Issues from both the parties (claimants/respondents) and such issues need not necessarily taken into account while framing the issues by the Court and/or Arbitrator.
Thus claimant providing issues in his Prayer is not irregular.
However, it is the for the Arbitrator to consider prayer or not .
Observance of principles of natural justice is more important in Arbitration than complying with cpc and evidence act.
If you need specific opinion, please do send me the claim and counter claim.
Dr vedula gopinath Advocate/arbitrator
vgnath@gmail.com
Rajendra K Goyal
(Expert) 21 December 2014
All the documents regarding claim and counterclaim need to be referred, please consult local lawyer and show him all the documents.
Guest
(Querist) 21 December 2014
Thanks Gopinath Ji and Goyal Ji.
The query is specific. Whether all the points of prayer made by the Claimant in an Arbitration case be made issues also by the Arbitrator while framing issues although those points in any case are to be decided by the Arbitrator.
ROHIT SHARMA
(Expert) 21 December 2014
1. Yes, all the prayers need assertions as being factors of the legally sought specific relief ( issues ) of the relevant facts mentioned in the memorandum made before the Arbitrator and they be incorporated as issues for resolving the disputed being arbitrated.
Guest
(Querist) 22 December 2014
Thanks Rohit Ji.
But even if points of prayer are not included in the Issues, Arbitrator has to decide the same. Then, why duplication.
T. Kalaiselvan, Advocate
(Expert) 23 December 2014
The arbitration proceedings, as the name suggests, it is, so the related questions can be placed before them for which you will again not get any answer being a respondent, that is what is called the formal arbitration proceedings.
Guest
(Querist) 23 December 2014
Thanks Kalaiselvan Sahib,
My query is that Claimant in prayer Clause of his case for Arbitration has sought relief in respect of certain points. Now Claimant has submitted the same points for inclusion in the ISSUES TO BE framed by the Arbitrator in this case.
Is it o.k. as per law?
M V Gupta
(Expert) 24 December 2014
In my view what is contained in the prayer cannot be the issues. They are the reliefs the claimant requests for. Issues relate to the points in dispute which the parties concerned have to prove. Issues have to be framed keeping in view the pleadings of the parties. In Mitra's Legal Dictionary, the meaning of issues is given as under:
"Issues arise when a material proposition of fact or law is affirmed by one party and denied by the other. Material propositions are those propositions of law or fact which the Plaintiff must allege in order to show a right to sue or defendant must allege in order to constitute his defence. Issues are of two kinds-- 1. Issues of fact and 2. Issues of law. See CPC Order 14 Rule 1."
Hope the above gives a clear answer to the query posed.
Guest
(Querist) 24 December 2014
Thanks very much Gupta Ji.
prabhakar singh
(Expert) 24 December 2014
FACTS ALLEGED BY ONE SIDE AND DENIED BY OTHER SIDE BECOME AN ''ISSUE'' BETWEEN THE TWO PARTIES AND REQUIRE PROOF BY PARTY AFFIRMING IT.
DR.VEDULA GOPINATH
(Expert) 24 December 2014
I hereby endorse the views expressed by learned collelague Mr. Prabhakar singh and agree with his views.
dr vedula gopinath
Guest
(Querist) 25 December 2014
Thanks Respected Singh Sir and Gopinath Sir.
In fact the confusion arose due to the fact that claimant insisted his reliefs already sought in the Prayer to to be made issues at the time of framing of issues.
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
Hope you have got the point right?, in an arbitration proceedings if it is a sole arbitrator conducting the proceedings, generally it happens to be one sided, so better take precautions.
