Arbitration
Suchitra. S
(Querist) 26 October 2010
This query is : Resolved
Respected experts, I want to know whether an arbitrator can be made criminally liable. Pl provide me the provision if the answer is 'yes'.
aman kumar
(Expert) 26 October 2010
D B IS RIGHT !
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 October 2010
Criminal law is applicable to all. Arbitrator as a rule represents both parties so unless he has really done mischief he will not be liable.
Suchitra. S
(Querist) 26 October 2010
Sir, in one arbitration case, one party has filed a case u/s 406,409,419 and 420 of IPC. I do not know whether this is maintainable. There are other alternatives prescribed under Arbitration Act if one is not satisfied with the award. But I want to know if a criminal case is maintainable.
A V Vishal
(Expert) 26 October 2010
Arbitration is a form of alternative dispute resolution that allows two parties to settle some civil dispute without going to court. Arbitration is like a trial except that it is less formal. Arbitration can be used to settle legal cases that are civil in nature; they cannot be used to settle criminal cases.
Parthasarathi Loganathan
(Expert) 27 October 2010
I am with Vishal as the cases filed under various sections of IPC is not maintenable.
Devajyoti Barman
(Expert) 27 October 2010
I do not think that criminal case is maintainable. Go for quashing. The contents in the complaint however would have been helpful to reach to some more definitive conclusion.
Suchitra. S
(Querist) 27 October 2010
Thanks for all the advise.
bhupender sharma
(Expert) 27 October 2010
It depends when the case under IPC was filed.If criminal case is filed first and the arbitation thereafter it must go(the criminal case continue)and it subsiquent to the arbitratrion proceedings then it is not maininable.
The party which is not satisfied with the award then he has to file the objections under section 34 of the act before the A.D.J.
Sri Vijayan.A
(Expert) 30 October 2010
Arbitration is only for civil and not for criminal cases
