Termination of Arbitration Proceedings

Dear Mr.Jeevesh Mehta,

Once the reference for the Arbitration proceeding has been made as it is evident from your mail under reply that the party contesting the same shall file pleading to the effect that the proceedings are not maintainable as the basis of reference being Agreement is being a forged document.  Upon which submission the Arbitrator will give award in your favour.

Or at the first available opportunity i.e. at the time of filing of OMP this ground ought to have been taken (or against the order appointing Arbitrator you should have gone in Appeal as the mandate of Section 7 of the Arbitration and Conciliation Act is lacking) but that being no bar still the proceedings can be validly contested at this stage as well as under Section 13 of the Act (which contains the contents for Challenge procedure).

Hope this clarifies your query.

Best regards

Daksh

Dear Sir,

1. arbitration proceedings can not be terminated only on the ground og forgery of  documents.

2. forgery is not subject to examine or entertain by the Arbitrator

3. though arbitrator while conducting proceedings and passing award can consider it as one of the aspect.

4. just because agreement is forged does not make it prima facie to terminate the proceedings. it  depands upon the fact that in case there is conduct between the parties wth respect to agreement, there are other documents on records which is sufficient to form a fair opinion he can proceed and pass an award accordingly

ok..

even if i decide to proceed further for its terminaation u/s 32 .....  what remedy do I have after its rejection by the Arbitrator?

also can I go to some other forum or court for such relief?

If you are aggrieved by the Arbitrator's Award, you may file O.P. before the High Court for setting it aside.

Dear Sir,

Arbitration Proceeding cannot be Terminated under pleadings of challanging Agreement and forged documents.

Termination of Arbitration Proceedings only the causes comes under defiend in Sec. 32 Arbitration and Conciliation Act 1996,

32 Termination of proceedings

(1) The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2).

(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where,-

(a) the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute,

(b) the parties agree on the termination of the proceedings, or

(c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.

(3) Subject to section 33 and sub-section (4) of section 34, the mandate of the arbitral tribunal shall terminate with the termination of the arbitral proceedings.

The Arbitration Award can be terminated by the competent court (Principal District Court).  But with in the stipulated time priscribed by the Act the Respondent has to file Original Petition before the District Court with in the limitation.   The Principal District Court can terminate the award passed by the Arbitrator.