Appointment of Arbitrator

Director

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.

 

 
Reply   
 

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

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.

 
Reply   
 

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

The opinion of Vishnav is correct.

 
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