Arbitration -- arbitratsors powers
DR.VEDULA GOPINATH
(Querist) 05 July 2018
This query is : Resolved
Dear Colleagues
Wish to enlightened by my learned colelaguesw
CAN arbitrator contact third parties for knowing the facts i case they are referred in the claim statement and its documents.
A claimant produced documents including copies of emails purported to have been sent to various officials of the respondents which were not responded by the officials of respndent.
can arbitrator send emails to those officials whether or not they have received emails and if so why they have not given reply to claimant.
shall be obliged for reply from my colleagues
dr vedula gopinath
advocate/arbitrator
vgnath@gmail.com
J K Agrawal
(Expert) 05 July 2018
Dear Sir
The answer is not easy to reply. I, however having no authenticated knowledge over this issue but i express my personal view. May be right or wrong.
The arbitrator is different from a court of justice.
A court have limitations and it seek that parties should prove their case. The court it self do not try to dig out the truth. It seek proof from parties only.
Whereas the arbitrator is different person. He is keen to find out actual truth. May be it proved or not. OR even I may say that even a fact not pleaded by the parties even thaugh the arbitrator is to look and consider that fact also.
The arbitrator is as equal to the Honble Supreme Court and there is no other forum to re-check arbitrators findings.
I conclude that an arbitrator can do any thing to find out the actual truth of fact which is relevant to decide the case fairly.
But at the same time I would like to suggest that an Arbitrator should also keep himself in limitations. He should not do any act which is adverse to interest to any other party. Instead of searching a fact himself, he should frame a question and put it before the both parties to solve it. He can suggest line of action and can hint both parties how to prove or disprove the particular fact.
Here, in your question, I would like to say that arbitrator is wrong. He should not distrust any party.
Rather he should say the party itself that he have doubt upon his emails. The arbitrator should suggest officially that how party should prove receipt of his emails by some further evidence or correspondence.
He may say the party to let the arbitrator contact that third person or witness on phone and if so he should make a record of gist of talk if any.
To look at doubt on any evidence and to search himself does not sound good. Rather he simply say that why he do not believe the evidence and how the party can make it good enough.
Surrender K Singal
(Expert) 06 July 2018
Framing of Issues would have been a right course for the parties to prove
DR.VEDULA GOPINATH
(Querist) 06 July 2018
I thank heartily Mr Agarwal, Ms Usha and Mr. Singhal....for their valuable guidance to me for my query. I feel obliged to them. dr vedula gopinath advocate/arbitrator
