Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Chetan Padm (law)     19 August 2019

Arbitration Proceedings

my employer over the period gave me some sales incentive however never accounted them as incentives and also was not shown as incentives for purpose of saving taxes.

the amount was shown as advance given for company expenses in their day to day accounting. At later stage due to some issues my employer forced me to sign new offer letter cum indemenity bond. when i resigned the employer ask for return of incentives and invoked arbirtation proceedings before sole arbitrator. this proceedings under Arbitration Act is continuing since ─║ast 6 years and being defended by me. looks like arbitrator who was appointed by my employer is biased.

please guide how can i change the arbitrator?

how can proceedings be dropped as purpose of arbitration totally failed over 6 years?

can i file writ in high court for quashing the arbitration proccedings on account of delay in decision?

can i ask high court or supreme court to replace present arbitrator and provide unbiased arbitrator under their monitoring?


Learning

 3 Replies

Isaac   19 August 2019

You can file an appeal under section 34 challenging the arbitral decree, since you are no more an employee. 

jayakumar.j (advocate)     20 August 2019

You are also at liberty to file civiul suit

Murtuza Bohra   20 August 2019

You may take help of section 13 and 16 of the Arbitration Act in order to demonstrate the arbitrator is biased. Ironically the application under this sections are required to be decided by the same arbitrator. In case he dismiss that application you have remedy but to challenge the final award under section 34 before the civil court taking the ground of bias and wrong dismissal of the application.

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