Query Regarding Learned Arbitrator
Pramod
(Querist) 01 June 2010
This query is : Resolved
My question is that:- "Suppose there are two party, Can a person belonging to First Party become learned arbitrator for a arbitration case between First Party and Second Party."?
Thanks for any reply in advance.
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Pramod
R.R. KRISHNAA
(Expert) 01 June 2010
Yes. If both the parties have agreed to, for appointing the said person as arbitrator in case of disputes in an agreement/contract prior to the formation of dispute.
Pramod
(Querist) 02 June 2010
Thanks Mr. Krishnaa for a prompt reply.
Can you please suggest about the case when only first party has decided him(arbitrator) to be an arbitrator and after that just informed second party about the date and time of the arbitration by a registered post.
Then what should be the do and don't for the second party.
G. ARAVINTHAN
(Expert) 02 June 2010
If there is an arbitration clause to appoint such person as Arbitrator for settling disputes between the parties, then it is valid.
Pramod
(Querist) 02 June 2010
No there is no such clause in any aforesaid document between first party and the second party.
B K Raghavendra Rao
(Expert) 02 June 2010
If there is no agreement before that First Party shall be the arbitrator, then first party cannot enforce himself as the arbitrator.
In general, it is not advisable or supposed that one of the two parties to dispute shall be the arbitrator because he would be prejudiced towards his interests and no justice could be made. His decisions are always open for litigation.
Pramod
(Querist) 02 June 2010
Thank you Mr. Rao. I do have one more point with me to fight on.
Thank you very much to all you guys, provided advices are very helpful to me.
Pramod
(Querist) 02 June 2010
I have to go for such arbitration in today evening, where I am the second party and the first party has sent me a notice for arbitration in front of its own HR-Head.
Right now I am making this query as resolved.
Thanks once again to all the supportive experts for their replies.
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Pramod
Manish Singh
(Expert) 03 June 2010
ifyou dont accept that arbitartor, then tyou are not bound by that notice. simply write back that you are not in conformity with appointment of the said arbitrator.
