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P M Somani (proprietor)     24 April 2017

Validity of arbitration proceedings, agreement disputed.

There is an arbitration  proceeding is going on, before the arbitrator, apponted by the court. I have submitted  my objection to the arbitrator, that the arbitration proceedings should be suspended / terminated, on this ground that the arbitration agreement is forged and thus  disputed and there  two  cases are pending before the approriate courts, regarding validity of the arbitration agreement. One case is for declaring the arbitration agreement null and void, on  basis of various reasons. One another  case is criminal case, claiming by me , that the arbitration agreement is forged and not signed by me . I have submitted before the arbitrator, my reply to the  claim submitted by the claimants.  By now, the arbitration proceedings have  not  come to this stage to be considered by the arbitrator , for examining the validity of arbitration agreement.

 In the situation, where there is dispute, regarding validity of a arbitration agreement, pending before the courts, what  further course should be  taken by the arbitrator.  



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 4 Replies

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     21 May 2017

First of all please tell us how the court appointed ARBITRATOR.  Why illaglity of arbitration agreement was not raised there.

P M Somani (proprietor)     22 May 2017

Shri Vinod Shah, thank you for your query regarding my problem. In reply to your query, I want to say that illegality of the arbitration agreement was raised by me at session court and at High Court also . First in session court , I raised my objection regarding validity of the arbitration agreement. There the judge in his judgement, mentioned that because I had not taken  any action to get the arbitration agreement null and void, thus the validity  of the agreement stands and cannot be  ruled out. After, this judgement, I moved a FIR , claiming the arbitration agreement as forged  and fabricated. and filed a civil suit for declaring the arbitration agreement , null and void. Both these cases,at present,  are sub judice  before the respective  courts. After session court judgement,the case went before the High Court, where  I raised my objection regarding validity of the  arbitration agreement , and also submitted details of the abovementioned both the 2 cases, which were  sub judice before the respective courts. The High Court, ignored my objection without mentioning any reason and appointed arbitrator  . Now, please, guide me regarding my problem in this sistuation  
 

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     23 May 2017

So the matter is before arbitrator. Pl confirm.

After knowing the facts there are number of steps which can be taken even before arbitrator apart from your cases.

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     23 May 2017

Please note the arbitration act is special law and very few advocates are conversant with the procedures. So you have wated time and money at sessions court and high court.

 

The power to decide about the agreement has now been given to arbitrator. Filing of cases is also of no use till there is result.

 

Pl tell us who is claimant, what are the stakes involved than we will give your step by step procedure.


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