Arbitration

Mugundhan (Querist) 06 October 2010 This query is : Resolved
Dear Experts, in a petition filed before the court, to set aside an arbitration award U/s.34 of the Arbitration and conciliation Act, whether the arbitrator should be added as a party?

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Kuljit Pal Singh (Expert) 06 October 2010
Dear Friend, No, arbitrator is not proper and necessary party in such cases.

pawan sharma (Expert) 06 October 2010
yes, it should be a party in the suit as profarma party.

Daksh (Expert) 06 October 2010
No it is not necessary to add Arbitrator as an party.

Best Regards

Daksh

Amita Chaudhary (Expert) 06 October 2010
well normally he is added as performa so that a direction can be sought for producing the records..

Sri Vijayan.A (Expert) 06 October 2010
Normally,the arbitrator is added as a party.
And very normally the arbitrator wont appear.
His non appearance wont affect the appeal?

Devajyoti Barman (Expert) 06 October 2010
He need not be made a party.
If that be so then every court from which the appeal or revision is filed should have been added as a party. Do not forget the arbitrator is a quasi judicial body.

ashish lal (Expert) 07 October 2010
i agree with Amita Chaudhary.

Daksh (Expert) 08 October 2010
Dear All,

I want to elaborate a bit more as once the Award is being filed the Arbitrator becomes functus officio (his role ends there only). Whatever required for further purposes can be looked into from the Arbitral records otherwise for some clarification and as a witness the Arbitrator can be called at any time but logically and even otherwise it is not necessary that he should be made party to the proceedings.

Best Regards

Daksh