Arbitration delayed by claimants intentionally,
Querist :
Anonymous
(Querist) 21 October 2019
This query is : Resolved
I am a respondent and win an arbitration interim award in commercial dispute, but here my doubt petitioner as claimants till date taking liberty as not deposit money as per interim arbitration order and contempt of procedural order from Jan-2019 to April-2019 (till date), fail to file under sec 34 to challenge of interim order passed and taken 90 days shelter for delay in proceedings, fail to file original documents for inspection, not able to file affidavit f evidence, there are multiple advocates replaced and trying to divert of preceding, The dramatic situation and request created for settlement process, which was not comes out any concrete solution, now trying to delayed in cross examine, the reason for not available or able to booked venue, the claimants and his advocate intentionally delayed the arbitration proceeding by taking shelters of various adjournments and diverting our minds set, Ultimately claimants were failed to participate in preceding every time. Now I doubt as if my lawyer is also a part of this along with arbitrator or alone any one of them, can I ask directly to sole arbitrator for this or I have only power to through my lawyer only, if arbitrator is giving liberty to claimant what is the solution for respondent
P. Venu
(Expert) 22 October 2019
The only option is to engage another lawyer, if you have lost faith your present lawyer.
krishna mohan
(Expert) 23 October 2019
Your query lacks clarity. If you are defendent and claimants are delaying, what is your loss. Interim order if given in your favour then what is your loss. If award is in your favour then why do you doubt arbitrator and your lawyer? Beyond permissible time limit, arbitrator has to conduct prodceedings as per law and he can not go back on his own interim order.
Dr J C Vashista
(Expert) 25 October 2019
Mr./Ms Anonymous,
Vague and incomplete facts can not lead to form proper opinion and oblige.
Whether the Arbitrator can pass an "interim award" in favour of defendant? If so, under which provision of law??
After passing alleged interim relief to defendant (as stated by you) what is the sanctity of remaining part of arbitration ???
If you have lost faith in your lawyer, change him/her immediately.
Consult a local prudent lawyer with full facts/documents for better appreciation, guidance and proceeding.
