ARBITRATION
Rama mohan Acharya
(Querist) 14 May 2011
This query is : Resolved
On completion of a contract, the contractor had invoked the arbitration clause. accordingly the arbitrator had been appointed by tthe competant autority. The contractor attended few proceedingd. Duribg the last proceeding, the arbitrator suggested for conciliation among parties. The process took some time. Now the contractor is not attending the arbitral proceeding in the pretext that he had filed an application under section 11(6) of the Act for appointment of new arbitraor. can he do so. What shall the arbitrator do now? since last 5 proceeding the copntracto is not attending the proceedings.
kindly advise.
Devajyoti Barman
(Expert) 14 May 2011
A party can apply for removal of arbitrator but only on proof of substantive malpractice. In any even you would be given an opportunity to present your side of story.
