Arbitration Orders

Navi (Querist) 25 June 2014 This query is : Resolved
Two parties enter an agreement with arbitration clause, both started with dispute party B found that party A has cheated them so approach ICA for appointing Arbitrator. Meanwhile Party B went to pick their material from site which stood missing so they made police complaint. Police registered FIR after investigation and arrested few people of party A then police found that party A not only stole material of Party B but also forged an agreement which was signed between parties. So they added offences to FIR. After party B realised that an agreement has been forged so they approached arbitrator that their agreement has been forged and FIR has been registered which would make agreement null and void ab initio as well as arbitration clause of agreement.

Party B was never replied by arbitrator on the same meanwhile party A approached high court for quashing of FIR which got dismissed. After few months party B was sent Arbitration orders that as you wished to withdraw your claim and not pursue further, arbitrator pursued counter claim of party A taking 12 lacs as arbitration fees, and gave ex-parte decision in favour of party A for their claim.

Now party B approached high court saying as mentioned in arbitration orders it never wished to withdraw the claim rather they had mentioned that a police FIR is registered and forgery offences are added making agreement and arbitration clause null n void ab initio which is documented proof.

So would need your expert's guidance, what could be done and what is the remedy? How can arbitrator's ecparte orders be set aside?

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R.K Nanda (Expert) 25 June 2014
complicated case and thus meet local lawyer personally.

Navi (Querist) 25 June 2014
Sir any suggestions?

Guest (Expert) 25 June 2014
You need to discuss in person with some expert by taking his appointment, as the exact opinion can be formed after going through all case related documents, including the FIR, HC case, etc. Any opinion on hypothetical basis may be wrong, confusing or misleading for you.