PRADEEP KUMAR MISHRA
(Querist) 12 September 2013
This query is : Resolved
in an arbitration proceeding after both the parties closed their case the arbitrator observed that "keeping in view the complicacy involved in the case six(6)dates are fixed for writing the Award and the parties are directed to deposit the respective part of their fees before the next date of sitting' anybody may please advise the legality of such observation of the Arbitrator and remedy, if any, against such order (as it appears unreasonable to me)
Devajyoti Barman
(Expert) 12 September 2013
Both the parties are equally liable to make payment of arbitrator's fees. If fees of the arbitrator is pending, he has every right to ask for the same before passing the award.
Guest
(Expert) 12 September 2013
Just go on adhering the instructions of the arbitrator, but with suitable objections to be got recorded in his proceedings, if you have any. If he does not prefer to take the objections on record, give your objection in writing under receipt. However, deposit of fee in time is a must.
R.K Nanda
(Expert) 12 September 2013
nothing to add more.
PRADEEP KUMAR MISHRA
(Querist) 13 September 2013
Thank You everybody for your response.
But my main doubt is whether any date can be fixed by the Arbitrator merely for writing the award ? So far as my court practice teaches me no court fix sitting for writing order/judgment.
may please clarify
Guest
(Expert) 13 September 2013
When the neck is in the hands of someone, you cannot issue any directive to him. Creation of any compulsion even through an order of the court for the arbitrator to expedite writing of his award that can cost you dearly in the shape of adverse award leading you to continue further with your struggle to fight through a court of law.
PRADEEP KUMAR MISHRA
(Querist) 13 September 2013
Thank You Dhingra Sir, for your pragmatic advise.
ajay sethi
(Expert) 13 September 2013
deposit fees as advised by experts
Guest
(Expert) 13 September 2013
u r welcome. I prefer only pragmatic approach to any problem instead advising anyone to strike head over vain efforts.
Rajendra K Goyal
(Expert) 19 September 2013
Deposit the fees after submitting your objections.
Ms.Usha Kapoor
(Expert) 07 July 2018
I agree with experts
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