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P M Somani (proprietor)     08 September 2017

Reviving of terminated arbitration proceeding

There was a case proceeding  under Arbitration and conciliation Act, 1996 (the act), before an arbitrator. I am non-claimant in the case. The arbitrator demanded deposit against his fees. Both the parties did not deposit any amount. The arbitrator terminated the case  under section 38 (2) of the act. Now, the claimant party has approached , under section 38 and 39 of the act., before the District and Session Judge, challenging the order of termination of arbitration proceedings and  to get reviving the arbitration  proceedings . 

Now, I want to seek advice on following points:-

(i) Has  the  District and Session Judge jurisdiction , to hear the complaint, against the order of the arbitrator, under section 38 and 39 of the act ?

If not, which court has jurisdiction in above situation ?

(ii) Can arbitration proceedings, once terminated by the arbitrator, be revived by order of the court ?



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