Director
[ Scorecard : 2927]
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Posted On 28 October 2009 at 11:15
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Dear learned friends, do we need to formally appoint the Arbitrator before being agreed upon by the counter party.
Can somebody provide me a draft engagement letter for appointment of arbitrator which includes model terms and conditions, remuneration clause etc.
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AGM
[ Scorecard : 26]
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Posted On 28 October 2009 at 14:45
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Dear Vineet,
As per my experience, if the other side is not responding to your letter for referring the matter to an Arbitration, then your option is to approach court U/sec 11 to appoint an Arbitrator.
To appoint an Arbitrator ther is no strict language . A simple letter is sufficient which contains the parties details and nature of dispute. Once he confirms his acceptence, then you have to file detailed claim petition.
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Director
[ Scorecard : 2927]
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Posted On 28 October 2009 at 17:45
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Dear Mr Vaishnav,
Thanks for your prompt reply. We are yet to reach section 11 filing stage as no offer for appointment of Arbitrator has been made by either party.
My querry is whether the proposed Arbitrator needs to be formally appointed even before referring his name to counter party.
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advocate
[ Scorecard : 26]
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Posted On 28 October 2009 at 20:40
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Yes, the formal approval of the person who is supposed to be appointed is to be taken. teh Consent of a person to act as a arbitrator is necessary before recommendation of his name to the opposite party.
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Advocate
[ Scorecard : 103530]
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Posted On 29 October 2009 at 18:40
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The opinion of Vishnav is correct.
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