Arbitration advocate in delhi
Navi
(Querist) 12 May 2012
This query is : Resolved
I had dispute with a Construction Company and now Former High Court Judge has been appointed as our Sole Arbitrator in Delhi. So would like to know should I go with older lawyer or hire any professional Arbitration lawyer?
Also Any good Arbitration Lawyer in Delhi?
Should I contact the Arbitrator or firstly appoint an advocate?
Should I ask Arbitrator for appointment?
Suhail A.Siddiqui
(Expert) 12 May 2012
Without advocate u should not contact Arbitrator, who may take any wrong impression . You may change your lawyer, if u r not satisfied with his performance.
Navi
(Querist) 13 May 2012
Can I mail him for starting the procedure and giving any suitable date for filing docs
Nu.Delhi.Law.Fora.
(Expert) 13 May 2012
Dear Querist,
In any Arbitration case, you may need to appoint a Lawyer who would ordinarily understand business disputes and has average negotiating skills and, of course, art of law-speaking. Remaining would depend on how you build up your chemistry with him.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi
Guest
(Expert) 13 May 2012
If the old lawyer is well versed with law of contract and arbitration, you can continue with him. Else consider appointing a new lawyer.
Regards,
Ashish Davesssar
Advocate
Delhi, Chandigarh
R.K Nanda
(Expert) 13 May 2012
It is better to go with lawyer before the arbitrator.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 May 2012
First of all do not agree for sole arbitrator , it is a big trap.
You have right to appoint your own arbitrator and other side will appoint one and than both of them will decide for an umpire.
Once an award is given there is very limited scope to agitate further against it.
ashutosh mishra
(Expert) 13 May 2012
It depends on the phrase of agreement sir JSDN.
If the appointment of sole arbitrator is made by order of court,then how can one do what you suggest sir!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 May 2012
In spite of the agreement the right is in the law.Section 10(1).
Only when parties fail to appoint than only sole arbitrator u/s 10 (2).
Most of the banks and NBFC do the trick , they first send a formal letter for appointment of an arbitrator and before the party understands they declare some body as sole arbitrator and at some far away distance.
And some body knocks at the door at an early date with an award.
No time left for any appeal or even to contact an advocate.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 May 2012
Regarding your query for appointment of sole arbitrator by the court, it is NOT done without consent of the parties due to section 10(1).
ajay sethi
(Expert) 13 May 2012
if the agreement specifically provides that in event of dispyutes arising between parties disputes shall be refrred to sole arbitrator then you can ahave only one arbitrator .
normally parties decide on who shall be sole arbitrator . however if agreement mentions applicant shall apppoint arbitrator then in that case applicant would appoint sole arbitrator
contact a local alwyer in delhi immediatedly
