Upgrad LLM

arbitration

ADVOCATE

 

PLEASE GIVE YOUR VALUABLE SUGGESTIONS

1. WHAT IS THE FIRST APPELLANT COURT AGGRIEVED BY THE ORDER PASSED BY THE ARBITRATOR( ANY GROUND)?

2. WHAT IS THE MONETARY VALUE TO REFER A CASE TO ARBITRATION?

3. CAN I CHALLENGE THE ARBITRAL AWARD DIRECTLY TO HIGH COURT OR SUPREME COURT?

4. WHAT TYPE OF CASES CAN BE FILED DIRECTLY IN HIGH COURTS?

5. WHAT IS MONETARY VALUE TO FILE A CASE STARTING FROM THE LOWER COURT?

6. CAN I EXPECT A JUDGMENT FROM HIGH COURT WITHIN 6 MONTHS AGAINST THE ORDER PASSED BY THE ARBITRATION?

PLEASE GIVE YOUR VALUABLE ANSWERS AND SUGGESTIONS OR ANY CITATIONS

 
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Before responding to your querry, I need following details:

1. Place of residence of parties

2. Seat of arbitration

3. Total amount of the arbitral award

4. Place(s) where cause of action arose

4. Arbitration clause of your contractual agreement.

 
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Legal Advisor

dear,

the reply to your query numberwise are as follows:

1. you can raise objection u/s 34 before the District Juddge or Addl. Districe Judge.

2. it depends upon the agreement

3.  NO unless under writ jurisdiction

4. it depends upon the type of jurisdiction appellate or original. 

5. not get ur question.

6. itt depends upon the fact and circumstances of the case.  

 
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ADVOCATE

DEAR SIR,

SORRY FOR DELAY.

1. THE DISPUTE IS BETWEEN TWO CAMPANIES . ONE IS FROM VIJAYAWADA (A.P.) WHICH IS SUB-CONTRACTOR. THE PRINCIPAL EMPLOYER IS NTPC DELHI. THE OTHER IS FROM GERMANY BASED COMPANY LOCATED AT DELHI BY NAME POWER MACHINES (INDIA) LTD (PMIL) 

2. SEAT OF ARBITRATION IS NOT DECIDED YET. A NOTICE IS ISSUED TO PMIL TO SETTLE THE MATTER AT ARBITRATION. 

3. PMIL IS NOT READY FOR ARBITRATION AS IT WITHHELD A LARGE AMOUNT OF OUTSTANDING AMOUNT. WE BROUGHT THE ISSUE TO THE HEAD OFFICE BY SEVERAL LETTERS BUT NO RESPONSE.

4. CONTRACT WAS EXECUTED AT SIPAT. OUR COMPANY HEAD OFFICE IS AT VIJAYAWADA. 

 
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