Reg. appointment of arbitrator

Querist : Anonymous (Querist) 16 August 2011 This query is : Resolved
My sister has been appointed by GOI on contract service of 3 years, to be renewed after every year. the dispute settlement is to be resolved by Arbitration. After 8 months of the contract, due to some illegal commission demands of controlling officer, my sister had a dispute with the officials and after that period , her salary has not been released.
I want to know, whether she can appoint a sole arbitrator on her own or do she need to go the court for appointment of arbitrator.

thanks

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ajay sethi (Expert) 16 August 2011
it would depend on wordings of arbitration clause . if the contract provides for sole arbitrator then matter would be refrred to sole arbitrator .the contract may also provide for mode of appointment of sole arbitrator . please go through the clause carefully

prabhakar singh (Expert) 16 August 2011
Expert ajay sethi is right all depends on terms incorporated in the agreement.

Guest (Expert) 16 August 2011
Dear Anonymous,

A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration.

The application for arbitration can be be entertained only if it is accompanied by the original arbitration agreement or a duly certified copy thereof.

So, your sister may adopt the prescribed process for referring the matter for arbitration.

M/s. Y-not legal services (Expert) 16 August 2011
Am also agree with mr.shethi. Simple even cleared reply.

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