Sole Arbitrator was challanged on Ground of Biased, Colluded and Currupt in our Company's dispute with a PSU. The Arbitrator called up first meeting, issued some interim Order and in the second hearing passed an Award ex-parte. He is in business link interest with PSU. We challanged Arbitrator in every submission, but he never even replied to our Challange and passed his award without even refering to any document, and his Award was pre-drafted and pre-decided.
In this case we also realized that the Contract Obligation Period of 12 Months was over and even the Arbitration Clause was invalid. Hence we believe Arbitration is un-constitutional and its Award is Patently Illigle.
We already moved a Application to Court for Set-Aside.
Being in this case, the PSU has encashed the Bank-Guarantee without meeting its Obligations, we moved FC Magistrate and he passed CrPC 156(3) for Police Investigation, which is in process. Hence, during Arbitration we also submitted that this case is Criminal in nature and shall be adjudged by Criminal Courts and not by Private Arbitrator, but Arbitrator never addressed to this point. Arbitrator passed Award without giving any reasons for doing so. He also denied to have signed and issued his Interim Order and mentioned in final Award that he has not issued those, and that some body maliciously duplicated his sign in those letters. The Letters are issued by him and when he realised that this may be big ground for Set Aside, he denied to have issued same.
My querries are-
1. When Contract Obligation Period of 12months (Bank Guarantee Cover) is over (more than 3 months) Arbitration can be constituted (invoked) forcefully by one Party. There was no Arbitration Agreement and only Arbitration Clause. In this Arbitration unconstitutional and its Award illigle.
2. We have challanged Arbitrator, but was not successful, and resulted into Award. Can this is enough Ground for Set-Aside.
3. Against our Complaint of Fraud and Cheating, the FC Magistrate ordered 156(3) in same case. Will this be ground for us that Arbitration can not address Criminal Issued.
4. Is there any option available for us to go ahead with Legal Action against Arbitrator who was involved in Criminal Frauds and Conspiracy against in collusion with claimant, for which we have full evidences, even the hand-writing experts report and Post office record.
5. Against our RTI applications to learn standard Contract Terms, the PSU is writing false and non-serious information. Can this be prosecutable.
Will experts guide me.