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pawan (director)     11 August 2014

Ex parte rights

kindly help as per below in arbitration matter

 Exparte proceedings started due to failure of party to pay its share of  Arbitration Fees and cost and panelty.Party Moved application not to proceed expated but was rejected by Tribunal with remark that they are habitual offender

1)My question  can They participate in arbitration proceedings

2) What Right they still have ,can they cross examine the witnesses or  can they demand any document , can they move any application before tribunal to delay or side track

3) can they still actively participate or will be mere spectaor or

4) they will not be allowed to sit in proceedings

Your early reply will be highly appreciated



Learning

 1 Replies

Saurendra Rautray (advocate)     02 June 2015

Hi,

The non paying party can still participate and should be allowed to participate or else the award which would be passed might be setaside on this ground itself.

The arbitrator can ask the fee from the other party and if the other party denies then the proceeding may be dropped by the arbitrator.

Saurendra Rautray

Rautray & Co

New Delhi.

www.rautray&co

09437008255


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