arbitration and execution
advocate satya
(Querist) 10 October 2008
This query is : Resolved
sir
can a arbitration proceeding if not attended and proceded ex parte, and execution is filed how it can be challanged and what is the remedy to contest?
mintu
(Expert) 11 October 2008
First of all you have to prove that you haven't been servered properly to defend your case before arbitral tribunal. To do this you have to see carefully arbitration clause regarding service procedure.
Please post your arbitration clause only then proper advice can be given.
thanks
minturaj@gmail.com
Murali Krishna
(Expert) 11 October 2008
Dear Satya, under A&C Act, you have to have an arbitration agreement to settle the disputes between the parties by arbitration. Once such agreement exists, then dispute has to be referred to the arbitrator. After arbitrator enters reference, he has to serve notice tothe parties to submit their claims, counter claims.
Even after receiving notices fromt he arbitrator, if you choose to ignore, you have done it at your peril and after 90 days (120 days with condonation of delay), the award passed by the arbitrator becomes final and is executable as if it were a decree of a civil court. There is no remedy against such award.
