Can the arbitrator dismiss a case on technical point?
Querist :
Anonymous
(Querist) 18 January 2012
This query is : Resolved
Respected Experts,
A person, who seeks for appointment of an Arbitrator, cannot be challenged a particular document on a “technical point” about its maintainability, before the Arbitrator. I think, if the said person challenges the said document, he should approach the proper forum, but not an Arbitrator. Plz. Suggest me whether it is correct or not. If so, please provide an Apex Court finding in this regard, if possible.
Deepak Nair
(Expert) 18 January 2012
Technical pont??
Did you mean regarding the validity of the document??
Is it regarding any agreement or any other document formed as a result of the agreement??
Please clarify the query for appropriate solution.
Advocate Bhartesh goyal
(Expert) 18 January 2012
Arbitrator coducts the case according to law, equity and good conscious and has power to decide the case on legal as well as on technical point also.
Querist :
Anonymous
(Querist) 18 January 2012
Respected Nair Sir,
Yes. It is an Agreement(un-registered) between the employer and emploee.The employee is contending about the maintainability of the Agreement, on whose request, an Arbitrator was appointed by the High Court.
Raj Kumar Makkad
(Expert) 18 January 2012
As the arbitrator has been appointed at the instance of High Court, you should not suspect about his way of working as he is accountable towards the appointing court. You may raise your objection at the appropriate time if smell any foul play.
Deepak Nair
(Expert) 19 January 2012
rightly advised by Mr.Makkad.
Further, there might be an arbitration clause in the agreement which says that any dispute with regards to the agreement shall be referred to a sole arbitrator.
In that case, the employee is right as the dispute is regarding the agreement, whether maintainibility or any other issue.
