Arbitration
Ashu Joshi
(Querist) 28 January 2013
This query is : Resolved
We have an arbitration clause in our agreement which says "Appointment of Sole Arbitrator by mutual consent of both the parties, failing which each party shall appoint one arbitrator which inturn will appoint a third Arbitrator.
Now we have sent a notice for appointment of arbitrator by mutual consent, to the other party asking them to respond within ten days. But the other party has not responded on the same till date even after expiry of one month.
Can we initiate the arbitration proceeding by appointing a sole arbitrator and treating the other party's ignorance as deemed acceptance by other party?
ajay sethi
(Expert) 28 January 2013
no . you will have to move court . file arbitration application court will appoint sole arbitrator
R.K Nanda
(Expert) 28 January 2013
agree with Sethi.
V R SHROFF
(Expert) 28 January 2013
First issue notice, that you neglected to appoint Arbi, so I will move court, & file suit for appointment of arbi thru court.
Advocate Bhartesh goyal
(Expert) 28 January 2013
As per provisions of Arbitration and Conciliation Act 1996,if a party fails to appoint arbitrator within 30 days from the receipt of a request to do so from other party the appointment shall be made,upon request of a party,by the chief justice or any other judge deignated by him.So file petition to appoint arbitrator in High Court u/s 11[6] of Arbitration and Concilition Act 1996.As you have already made request to other party so no need to issue notice.
Devajyoti Barman
(Expert) 28 January 2013
Yes file petition u/s 11 of the Act in the high court for such appointment.
