Appeal against arbitartion order

Sameer (Querist) 20 August 2014 This query is : Resolved
Sir

I want to move an application under section 34 of Arbitration and Conciliation Act, 1996 for setting aside order passed by arbitrator of stock exchange as same has not been decided on merits, however the grounds as contemplated by the section does not allow the same, therefore please guide on the possibility of filling a fresh complaint with district consumer forum and repercussions of same

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Devajyoti Barman (Expert) 20 August 2014
the award is amenable to challenge u/s 34 of the Act in the local principal civil court.

Advocate. Arunagiri (Expert) 20 August 2014
When there is an arbitration clause, you can not approach the consumer court.

Sameer (Querist) 21 August 2014
Thanks for your opinion, however please clarify if while making an appeal against the order, merits not considered earlier in the compliant can be ground for making appeal or it has to be specifically provided under section 34

Surrender K Singal (Expert) 21 August 2014
You have to take your chance ! Bring out as many grounds of appeal in favour of your contention and any specific lapse in arbitration process which prejudiced your interest !

Devajyoti Barman (Expert) 21 August 2014
read the section 34 to understand the grounds of appeal to be mentioned.

Sameer (Querist) 25 August 2014
1) Should i seek clarification of the order from tribunal as same was decided on totality of facts and not on single merit basis or appeal against the order

2) Will the clarification sought be helpful in any way in the appeal process

T. Kalaiselvan, Advocate (Expert) 26 August 2014
Your query has been properly addressed by experts, you may follow the same.

Surrender K Singal (Expert) 30 August 2014
No body can stop you to seek clarification ?

Sameer (Querist) 02 October 2014
Thanks Experts.....appreciated

Appeal against arbitartion order

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