Arbitration procedure
Ganesh Subramaniam
(Querist) 21 August 2022
This query is : Resolved
I had filed an arbitration petition, through my advocates, in the High Court of Madras against a stock broking firm and the Honble high court had passed orders in July 2021 appointing an arbitrator with directions that the arbitration proceedings should be completed within one year from the date of the order. The directions of the court wre promptly complied with by me. However even after one year the arbitrator has not held even one hearing. My legal counsel is also not taking any action to expedite the case and is preventing me from communicating with the arabitrator directly. I had petitioned the arbitrator to expedite the hearing to which my legal advisor took strong objection and prevents me from communicating with the arbitrator on when he intends to hold and complete the hearing. I am a senior citizen and this has caused me immense financial distress as the arbitration cocerns a financial claim of over Rs 30 lakhs against the stock broking firm. What recourse is open to me to bring the arbitrator to the table to hold the arbitration. All the documents have been submitted to the arbitrator in great detail promptly and I think I have a very strong case against the other side for my claim. What legal recourse is open to me. Do I have a right to communicate directly with the arbitrator and seek justice and can I petition the High Court to direct holding the arbitration proceedings.
Adv. Ravish Bhatt, ADIT, CIOT
(Expert) 22 August 2022
You can write to arbitrator directly if your lawyer has not filed VP in arbitration proceedings.
If he has and you are not confident in him, you may be able to discharge him and write to arbitrator.
As in one year no meeting is held, you may also approach High Court for for challenging the arbitrator appointed and appointing a new arbitrator...
Dr J C Vashista
(Expert) 23 August 2022
Move an application under section 29 a of the Arbitration and Conciliation Act, 1990 for completing proceeding within specified time frame otherwise it will render proceeding null and void.
You should change your lawyer if you have lost faith in him / her.
