Arbitration
abhimanyu
(Querist) 09 August 2018
This query is : Open
Following are the queries:
1. When an Arbitrator during arbitration imposes cost on a party, who is entitled to such cost - whether Arbitrator himself or the opposite party.
2. In case the party on whom cost is imposed by the Arbitrator does not pay the cost at the direction of the Arbitrator, what are the options available before the Arbitrator.
Please advise.
SHIRISH PAWAR, 7738990900
(Expert) 09 August 2018
You have to go through the order. In order itself he have mentioned about paying the cost to opposite party or to arbitrator. If you fail to pay the cost as per direction then the order will not survive for which cost was imposed.
abhimanyu
(Querist) 09 August 2018
The order is silent as to whom the cost should be paid.
my second query is awaiting advice.
Following are the queries:
1. When an Arbitrator during arbitration imposes cost on a party, who is entitled to such cost - whether Arbitrator himself or the opposite party.
2. In case the party on whom cost is imposed by the Arbitrator does not pay the cost at the direction of the Arbitrator, what are the options available before the Arbitrator.
Dr J C Vashista
(Expert) 11 August 2018
In case the order is silent the cost shall go to opposite party.
In the event of non-payment of cost, arbitrator shall proceed without affording opportunity to the party for participating in proceeding. (you did not mention whether the cost was imposed on petitioner/plaintiff or respondent/defendant).
Guest
(Expert) 11 August 2018
Rightly advised by Dr. JC Vashista.
So far your second query is concerned, the arbitrator is not liable to get his award implemented. His role is over after arbitration award. So, after issue of award, question of availability of option before the arbitrator does not arise. It is up to the party concerned to get the execution of the award through the competent court of law.
abhimanyu
(Querist) 12 August 2018
Thanks Sirs.
Proceedings are going on. The cost has been imposed on the respondent, who has refused to pay the cost. In this position, , what are the options available before the Arbitrator?
abhimanyu
(Querist) 14 August 2018
AS QUERY REMAINS, FORM IS BEING TRIED NOW.
