Greetings! I and my cousin had 2 partnerships (firms) and decided to separate form 31st March 2012. However there were issues about division and separation of assets. Both of us referred to our family CA for arbitration in August 2012. The arbitration mandate was given by both families separately but on the same draft which also mentioned that the reference was irrevocable and will not be challenged in any court.
My cousin requested the CA not to call both of us together for arbitration as he feared a fight. He appeared a few times with sketchy details and last 2 months he did not attend even after the arbitrator's phone calls. Now he has served a notice on the arbitrator that he is in collusion with me and he (cousin) wants to back out from arbitration.
He has cited following reasons for challenge -
a) Proper arbitration procedure is not followed as both parties not called together
b) Enough time has passed and he's not proceeded ahead
c) The arbitrator is in collusion with me and is partial
I need to know what is the procedure for me now. Can my cousin walk out of arbitration my making loose claims? Can the arbitrator proceed regardless of this challenge or we need another arbitrator?