Querist :
Anonymous
(Querist) 24 August 2010
This query is : Resolved
I am a senior citizen in volved in a dispute with brothers whi have cheated and defrauded me in spite of an MOU to declare all the financial details and assets.
I now have to go for Arbitration which was a clauase in MOU and seek advice of experts as to how I can appoint an Arbotrator through High Court and the cost for the same ?
s.subramanian
(Expert) 24 August 2010
You have approach the Chief Justice of the High Court under the provisions of the Arbitration and Conciliation Act,1996.
It's all dependent upon the arbitration clause especialy if there is any named arbitrator then you have to simply put the other party to notice about appointment of arbitrator.
As a matter of procedure who ever approaches the Arbitral tribunal becomes claimant and other party/ies will be defendant.
It is advisable that for technical reasons you better seek help of a competent and expert counsel for this. Best Regards
Daksh
O. Mahalakshmi
(Expert) 24 August 2010
Rather than appointing an Arbitrator, it is better to file a suit for declaration and file a criminal case against you brothers as they were cheated you.
Devajyoti Barman
(Expert) 24 August 2010
If there is a name of an arbitrator in the mou itself then you need to go to the court at the outset. First you have to send a letter to that arbitrator for making initiation of the arbitration proceeding. If he fails to do that or there is no name of arbitrator then you have to make an application before the high court for appointment of arbitrator.
R.Ranganathan
(Expert) 24 August 2010
For replying your query, I would like to know at least what was the MOU for. If the same is only for giving the details of the financial assets, then no necessity of going to an Arbitrator. The Arbitrator will not be able to get all the required details. No one can compel others to provide such particulars from any individual.
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