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NPKailaasam (ADVOCATE & Management Consultant)     15 June 2015

Arbitration issue

Dear experts,

            A finance company for a Trade loan transaction put an arbitration in a place far from the branch of 40 kms and the arbitrator passed "AWARD" but the copy of the "AWARD" not issued to the party and then the company filed EP in civil court and that EP dismissed for Default for non appearence of that company's advocate and then after 6 months time again the company put an arbitration for the same issue about 100 kms from the branch and now the arbitrator send a notice for appearence.now my question is whether an arbitration been conducted for the same issue twice.whether it attracts"resjudicata".what the party should now do to contend the arbitration issue.whether to attend by person or can be left exparte.

 

 

 

 



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     15 June 2015

Yes,the issue which has been decided can not be raised again.it attracts the Principle of Res Judicata.appear before Arbitration Tribunal and raise the objections in this regard.

NPKailaasam (ADVOCATE & Management Consultant)     16 June 2015

Sir,

whether appearence of an advocate before arbitrator needs Vakalath as of courts or authorization letter is enough.

 

Advocate Bhartesh goyal (advocate)     22 June 2015

File  vakalatnama before Arbital Tribunal.


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