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kapoorsatish (n/a)     09 December 2008

Can Arbitrators be tried u/s 219IPC

Can arbitrators who intentionally ignore the rules/law to favour any party and give award ignoring majour issues, ignoring written submission of any party, giving filmisy reasons in award, not giving clarifications and interpetion of awrd u/s 33 of arbitrion and concillation act 1996 and rejecting application on plea that petitioner is seeking rehearing etc, be tries u/s 219 IPC


 2 Replies

Murali Krishna (Govt..Employee)     09 December 2008

 I am afraid. An arbitrator is a private judge. As an arbitrator, he is neither, public servant, nor judicial officer. So the question of application of IPC 219 does not arise.

Questioning arbitrator on the ground of misconduct also is extremely difficult,if not impossible, since, he is your own chosen person (except court appoints one).

If arbitrator ignores your objections, did not give reasons, you have remedy under Sec 34 of the Act.

After all, one should understand the purpose of arbitration is to redressal of disputes in a quick, fair and no or less cumbersome way.  

kapoorsatish (n/a)     10 December 2008

Dear Sir,

As per definition of "Public Servant" u/s 21 IPC, Arbitrator is "Public Servant"

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