Appointment of arbitrator

ANIL KUMAR (Querist) 04 February 2015 This query is : Resolved
Sir
While appointing Arbitrator who is the sole Arbitrator in the arbitration agreement to adjudicate the dispute,is it essential to give prior intimation to the the respondent regarding the appointment of the Arbitrator

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Devajyoti Barman (Expert) 04 February 2015
Yes as without his consent the arbitrator can discharge function as arbitrator and for which you have to approach court u/s 11 of the Act.

Guest (Expert) 04 February 2015
First of all, yours is an academic query without description of any specific problem on which you want solution.

Secondly, you have the need to consult the arbitration clause of the agreement/ contract to find out your answer, as even sole arbitrator cannot be appointed arbitrarily by any authority.

Rajendra K Goyal (Expert) 05 February 2015
Academic query.

ajay sethi (Expert) 05 February 2015
yes notice has to be given for appointment of arbitrator

T. Kalaiselvan, Advocate (Expert) 05 February 2015
Notice to the respondent for appointment of the arbitrator has to be given. Discuss your problem.

ANIL KUMAR (Querist) 06 February 2015
Sir
we have taken a piece of land on lease from a party for some construction work.The rent for the land is being paid as per the terms and conditions of the agreement.While we started construction, some local people objected that the pathway leading to the leased property is private one and we have been denied the access to the property and could not start the construction. Now the owner is telling that the pathway is public and he refused to pay back the rent we have paid. So the agreement is cancelled. what is the procedure to recover the rent we have paid to the owner by invoking the arbitration clause in the agreement.

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