Arbitration
gurram hari kumar
(Querist) 25 February 2011
This query is : Resolved
A sole arbitratror was appointed on behalf of a firm . Respondents set-exparte.Award passed 2 months back.Now pressurising to pay the money.How to resolve the problem?
Amit Minocha
(Expert) 25 February 2011
why it was not contested ? Challenge the award
M V Gupta
(Expert) 26 February 2011
As the Respondent did not appear before the arbitrators and award was passed exparte, the Respondent will have to apply to the arbitrators immediately and before the award is filed in the court, to set aside the award showing justifiable reasons for his absence. It is entirely within the discretion of the arbitrators to accept the application or not. But if the award has already been filed in the court, the arbitrators become functus officio and it may not be possible to the Respondent to challenge the award in the court.
