Dear Sir,
REQUESTING ADVICE ON ARBITRATION ISSUES
1. I am waiting for the 2nd meeting of Arbitration, on 25th Aug 2012; the first was on 11th Aug at Mumbai.
2. In my petition, on 11th aug, I prayed:-
a. Interim Relief/ Order for ordering the Opposite party (company) to PAY ME THE DUE/ AGREED AMOUNT, WHICH I HAD REFUSED TO ACCEPT ON THEIR UN-ACEPTABLE TERMS; WHENCE I WAS FORCED TO SEEK THIS ARBITRATION.
b. Decide upon the Issue of Maintainability of this Arbitration at Mumbai, in place of Lucknow, and then ONLY PROCEED TO APPOINT THE THIRD ARBITRATOR.
c. I contended that the ORIGINAL BUSINESS AGREEMENT - CONTAINING THE ARBITRATION CLAUSE - WAS GOT SIGNED FROM ME IN an UNFAVOURABLE SITUATION & UNDER HUGE FINANCIAL PRESSURE. THEREFORE THAT AGREEMENT IS NOT ACEPTABLE/ APPLICABLE - EXCEPT THE DISPUTE RESOLUTION METHOD OF ARBITRATION; BUT THERE ALSO THE TERMS MENTIONED IN THE ORIGINAL AGREEMENT VIZ. THE VENUE TO BE MUMBAI IS NOT ACCEPTABLE TO ME.
d. The Company does have its BRANCH OFFICE HERE AT LUCKNOW; WHERE THE LAST MINUTES-OF-MEETING- was signed between me and the Company, through its Regional Manager, on 22nd July 2008.
e. I assert that this LATER SIGNED DOCUMENT ALONE IS ACCEPTABLE AND BINDING; AND THE CAUSE OF ACTION ARISES FROM THIS.
f. Since the Company does have its OFFICE OF PROFIT HERE AT LUCKNOW, AND ALL MY EVIDENCES/ WITNESSES ARE AT LUCKNOW, my prayer merits immediate acceptance from the Tribunal.
g. However, the Company's counsel, on 11th Aug sought time, to study my petition, and file his REPLY/ OBJECTIONS etc on the next/ due meeting of 25ht Aug 12.
2. In the light of the above facts, Pl advise if there is merit in my stance/ prayers; and if there are any citations in this context, that might support my arguments on 25th Aug 2012.
Regards,
Col (Retired) Saxena AK.
