{Balu manikantan} SUBRAMANYAM (Practising Advocate) 21 January 2022

Arbitrator not sending the record to the court

The petitioner filed application under section 34 of arbitration and conciliation act 1996 to set aside the arbitral award passed against him on various grounds. But during the enquiry of the court the arbitrator office is not sending the original arbitral award to the court in spite of several reminders from the court. What is the remedy available to the petitioner.

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Anaita Vas 21 January 2022

As per Rule 27 of the Rules of Arbitration of the Indian Council of Arbitration, if any appointed arbitrator resigns or dies or becomes incapable of acting or neglects or fails to act expeditiously, prior to or during the arbitration hearings, or if he fails to make the award within the prescribed time and the Parties do not agree to extend the time for making the award, the Registrar in consultation with the Arbitration Committee may terminate the authority of such an appointed arbitrator and inform him accordingly.

Thus, in your case, since your arbitrator isn't performing his duties as he/she should, you can terminate his/her authority and inform him about the same. You can then appoint another arbitrator who will duly present you with the arbitral award that you are entitled to receive as per the court's orders.

Regards,

Anaita Vas