Arbitration
syed niaz ahmed shah
(Querist) 09 September 2015
This query is : Resolved
Arbitrator assigned between the petitioner and respondents and the petitioner is not regular and cooperating though he made submissions but is evasive to substantial matters of claims, and the case has taken three years for yet to go to evidence stage with the arbitrator while the respondents who are regular have asked arbitrator for finalization on the basis of respondents submissions and are ready to provide evidence and request the Arbitrator to give his award.
my query is can the arbitrator give the award on the basis of respondents as petitioner is not cooperating
Dalip Singh
(Expert) 10 September 2015
Sir,
Claim is filed by the petitioner and in case he is not regular, the Arbitrator can direct him to complete proceedings failing which he will terminate the proceedings. And even on his direction, he is not coming forward, the Arbitrator can terminate the proceedings.
Rajendra K Goyal
(Expert) 10 September 2015
Ask the arbitrator to terminate the proceedings if petitioner is not attending.
T. Kalaiselvan, Advocate
(Expert) 18 September 2015
Due to petitioner's non-cooperation to prosecute the case, the respondent may request the arbitrator to terminate the proceedings on the same grounds.
syed niaz ahmed shah
(Querist) 18 September 2015
Arbitration was ordered by the court on the request of one respondent and does this respondent become the petitioner or the petitioner is still to be considered the original in the case who along with all respondents were asked to go for arbitration .
All the reepondents are cooperating accept the petitioner .
In such scenario still should the respondents ask for termination
T. Kalaiselvan, Advocate
(Expert) 19 September 2015
Your piece meal information will actually fetch you wrong opinions and misguidance. What made you not to disclose the information that you have posted in your subsequent post earlier?
Well if an arbitration was ordered at the instance of a petitioner, he becomes the petitioner in the arbitration proceedings. The petition for appointing an arbitrator might have been filed by the actual respondent in the trial court but he becomes the petitioner seeking appointment of arbitrator, therefore he will be the petitioner in the arbitration proceedings too.
He may insist the arbitrator to close the proceedings for non appearance of the respondent and submit his report.
