Arbitration
syed niaz ahmed shah
(Querist) 23 April 2012
This query is : Resolved
two parties are in arbitration regarding the supplies and price preference for the period of 1990 to 1999, and while the parties in the high court for price preference 1982 to 1990, and while the arbitration was on, the high court in 2007 gave the judgement that the period 1982 to 1990 can be also arbitrated as that remedy is available .
the aggrieved party approached the already existing arbitrator that he can take up the earlier and also the future disputes citing art 7 of the arbitration act and also art 4 with respect to limitation act , as the aggrieved party raised the issue keeping the court order and also the dispute being of the same nature and pertains to price preference given as incentive by the state in order the entrepreneurship invest in the state. moreover the other party is a mother unit, which is claiming that by allowing the incentive , the mother unit may incur losses. this plea the aggrieved party states that once an incentive is provided the mother unit has to give it just like cpf , factory act, income tax, sales tax etc as these are expenses any company has to bear especially when the mother unit is Government owned corporate.
Can I have citations to support that the arbitrator has to take up the past, present, future and arbitrate the dispute accordingly and the arbitrator cannot be bais on the basis of non calculable loss
ajay sethi
(Expert) 23 April 2012
you dont need citatios . high court judgement is sufficent for you . high court has held that period 1982 to 1990 can also be referred to arbitration . based on said high court judegemnt matter can be disposed of in arbitration proceedings
syed niaz ahmed shah
(Querist) 23 April 2012
The opposite lawyer called upon in his statement that the past could not be brought up as the petitioner has not agitated the high court order because of limitation act despite the arbitration of similar nature was on i.e. the past prior to 1990 cannot be got and also the future beyond 1999 cannot be got thereby challenging art 7 of the arbitration.
his point is though we had referred to the price preference to high court prior to 1990 but the judgement came in 2007 and only in 2010 you have asked the arbitrator to arbitrate this matter and comes under the preview of limitation act and also there is no mention in the main petition of this claim pending in high court, though a mere reference that we have dispute of past.
does your opinion stand that the arbitrator has to take up the past arrears also keeping in view of the dispute and legal relationship and using art 7 to arbitrate the matter of past and future
