Arbitration

P.S.Subbaraman (Querist) 15 November 2009 This query is : Resolved

My corporate client had filed a suit before the District Court seeking a declaration that the company and the defendant company had not entered into a contract and hence the matter should not be referred to arbitration as there was no adidem among the parties. Injunction has also been got restraining the other party from proceeding with the Arbitration. But the Arbitrator unmindful of the lis pending between the parties is proceeding ahead. Can Contempt be filed against the Arbitrator , who is not in India? What is the effect of the Arbitration conducted and can it enforced in India at a future date?

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adv. rajeev ( rajoo ) (Expert) 15 November 2009
If there is any arbitration clause in the agreement then defendnt can invoke the arbitration clause.
In your case injunction order is against the defendant but not against the arbitrator. If any application is moved by the defendant before the arbitrator then u can file a contempt court against the defendant but not against the arbitraor.

Raj Kumar Makkad (Expert) 15 November 2009
There is no term of arbitration between the plaintiff and the defendant so no arbitrator can be appointed and if it has been appointed then it shall have no impact on your legal rights and you are not agree in appointing him and your suit is still pending there but you cannot bring a contemp of court against arbitrator. In the given facts it seems that still no stay order has been provided in your favour so even you cannot initiate any action of contemp of court against the defendant.

Guest (Expert) 15 November 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE ARBITRATION CASE KINDLY NOTE THAT

1.AS PER ARBITRATION AND CONCIALIATION ACT
IT IS MANDATORY THAT ARBITRATION CLAUSE SHOULD BE THERE AND CONCENT OF BOTH THE PARTIES TO SEND THE DISPUTE FOR ARBITRATION.
2.BUT IN THE GIVEN CASE THE MATTER IS IN PROGRESS AT ARBITRATORS.GENERALLY ARBITRATOR IS A PERSON APPOINTED WITH CONCENT OF BOTH THE PARTIES.HIS AWARD IS FINAL.
3.HENCE IT IS ADVISIBLE THAT YOU HAVE TO ACT FAST AND MOVE THE HIGH COURT AGAINST THE ILLEGALITIES MADE BY THE OTHER SIDE .YOU MAY FILE A WRIT PETITION ON THE GROUNDS OF ILLEGALITIES AND GET THE ARBITRATION PROCEEDINGS STAYED AND QUASHED.
4 IN CASE YOU NEED ANY FURTHER INFORMATION OR HELP KINDLY SEND DETAILS OR WRITE OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKNG YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

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