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Two cases

Guest (Querist) 11 March 2014 This query is : Resolved 
An individual is appointed as Arbitrator in its case by a company. Later on, the same individual is appointed by the Company as Arbitrator in its another case. Such appointments are made by following terms mentioned in the respective agreements. Will that Arbitrator not be treated as Independent?
Devajyoti Barman (Expert) 11 March 2014
It is quite common to engage one or two persons as arbitrator for one particular company. There is nothing amiss or illegality here.
Guest (Querist) 12 March 2014
Thank you very much, Barman Ji.
Rajendra K Goyal (Expert) 12 March 2014
A company can appoint one Arbitrator in more than one cases.
Guest (Expert) 12 March 2014
I think, you have not been able to express the problem appropriately. By the way, what do you mean by, treated as "independent"? Inother words, independent of what?
Guest (Querist) 12 March 2014
Dhingra Ji. I am a layman. I feel experts have understood and replied my query for which I am grateful to you all.
Guest (Expert) 13 March 2014
Mr. Sandeep,

Thanks for the compliments. Probably, I may be a layman more than than you, as I don't prefer replying on presumption basis.
Guest (Querist) 13 March 2014
Dhingra Ji, You had stated that

QUOTE
I think, you have not been able to express the problem appropriately.
UNQUOTE

In response, I admitted that

QUOTE
I am a layman.
UNQUOTE




As such, I have not understood your following remarks

QUOTE
Probably, I may be a layman more than than you, ...
UNQUOTE


In any case, I have got answer to my query for which I am highly grateful to all Experts.
Guest (Expert) 13 March 2014
Your own statement, "I feel EXPERTS HAVE UNDERSTOOD and replied my query," is my answer to my earlier reply, "probably, I may be a layman more than than you, which you pretend to have not understood. Anyone can understand in what sense you have made such remarks. So, in other words, I can only be a layman, if I have not understood your query.
Raj Kumar Makkad (Expert) 13 March 2014
Such arbitrator cannot be treated as a biased person and his status shall be regarded like a fresh arbitrator in that particular case.
T. Kalaiselvan, Advocate (Expert) 13 March 2014
The author should maintain courtesy especially this is a place where the experts devote and spare their precious time for answering the queries posted by distressed and needy people, therefore, I do not find any thing wrong in Mr. Dingra asking you to clarify the meaning of 'independent', because he would be able to clarify on the issue in case you mistook the meaning of independent arbitration. Your sarcastic remarks to Mr. Dingra's clarification, like " I feel experts have understood and replied my query" shows your arrogance which cannot be appreciated. Courtesy begets courtesy.
Guest (Querist) 13 March 2014
THANKS VERY MUCH MAKKAD JI.


I am unable to appreciate kalaiselvan Saheb, why you have not seen sarcasm in Shri Dhingra's remarks and are rather blaming me for the same.

Your are absolutely right that Courtesy begets courtesy.
Guest (Expert) 13 March 2014
Mr. Sandeep,

Sarcasm was very much there in your own response, as very smartly aimed at me in your reply.
Guest (Querist) 14 March 2014
DHINGRA JI, PLEASE ADVISE WHAT CHARACTERSTICS OF A QUERY LEAD YOU TO TERM IT AS "ACADEMIC". A NUMBER OF TIMES GENUINE PRACTICAL QUERIES BEING FACED ARE DUMPED AS "ACADEMIC" WHEREAS. HAD THESE QUERIES DISCUSSED AT THIS FORM, IT WOULD HAVE BENEFITTED NOT ONLY QUERISTS BUT WOULD HAVE INCREASED KNOWLEDGE OF EXPERTS ALSO TO ANSWER SUCH QUERIES IN FUTURE.
Advocate. Arunagiri (Expert) 14 March 2014
Mr.Sandeeep, I am not able to read between the lines of your following statement

"IT WOULD HAVE BENEFITTED NOT ONLY QUERISTS BUT WOULD HAVE INCREASED KNOWLEDGE OF EXPERTS ALSO TO ANSWER SUCH QUERIES IN FUTURE."
Advocate. Arunagiri (Expert) 14 March 2014
There is no illegality in appointing the same person as the arbitrator for a company.

I know some arbitrators are appearing for hundreds of cases, for the same company.
Guest (Expert) 14 March 2014
Mr. Sandeep,

When you admit that you are a layman, how you can profess that reply to any academic query can increase knowledge of experts, who are already experts in their fields. Moreover, experts should not be expected to hold tutorials for one and all when implication of law is specific to specific individual problems. Except from the implication of law on real problems, experts do not increase their knowledge from replies of general knowledge on theoretical or presumptive queries, which have no base, particularly when the querist is shy of clarifying the issue even on asking, like you did, and starts cross-questioning by treating some expert as dumb or idiot.

When you do not discuss what is the real problem the query posed by you for general knowledge is undoubtedly of academic nature. Experts are here to solve real problems of legally affected people, not to hold charity coaching classes for business people just to impart knowledge of law to them.

If you really have some problem, anyone can help you, but not when you show arrogance when someone asks you to clarify your own issue.
Guest (Querist) 14 March 2014
Dhingra Ji, let me explain the query. The query was

"An individual is appointed as Arbitrator in its case by a company. Later on, the same individual is appointed by the Company as Arbitrator in its another case. Such appointments are made by following terms mentioned in the respective agreements. Will that Arbitrator not be treated as Independent?"

In this case, the party has questioned independence of the Arbitrator on the ground that he is already Arbitrator in other case of the company and hence connected with the company.





Guest (Expert) 14 March 2014
It is too late to explain the issue now. Although your present post is still a query of an academic nature, like a student's classroom exercise that being not your personal problem, but still, the present post would have been made your initial query or you would have clarified the issue in reply to my query, but you preferred to dispute my query for your clarification.

Henceforth, if you really want help from experts and not waste time in getting to the point solution to any problem, you should better try to post the exact nature of problem, rather than posting a general query of academic nature.

General knowledge of law sought on an academic type of query cannot be applied uniformly on all types of problems pertaining to a common topic. Implications of law can be different on case to case basis, even on similar looking problems depending upon the peculiar nature of problem in peculiar circumstances.
Guest (Querist) 14 March 2014
THANKS, DHINGRA JI
V R SHROFF (Expert) 14 March 2014
Co can appoint same arbitrator for many cases. Not illegal.
Guest (Expert) 14 March 2014
You are welcome.
T. Kalaiselvan, Advocate (Expert) 14 March 2014
@Mr. Sandeep Kumar: hope you are relieved now?, Expert Mr. Dingra is very knowledgeable and highly talented advocate, so while posting your queries not only experts like Mr. Dingra, there are many more experts ready to render their services through their valuable and esteemed opinions, so as a queriest, it was my opinion that, a level of courtesy could have been maintained. There is no necessity that anyone's advise has to suit the queriest's taste and desire, but advise is an advise which are to be appreciated by the person seeking it. I am sorry if I had hurt you.
Guest (Querist) 15 March 2014
THANKS KALAISELVAN JI. I HAVE STILL NOT UNDERSOOD WHY PRACTICAL PROBLEMS FACED BY QUERISTS ARE TERMED AS 'ACADEMIC QUERY' BY EXPERTS.

NOT ONLY I AM EAGER BUT ALSO OTHER QUERIESTS MAY BE INTERESTED TO KNOW WHAT IS THE DEFINITION OR CHARACTERISTS OF AN 'ACADEMIC QUERY'. ONCE THIS CONCEPT IS CLEAR TO QUERISTS, THIS WILL SAVE PRECIOUS TIME OF RESPECTED EXPERTS.

PLEASE THROUGH LIGHT ON THE TERM 'ACADEMIC QUERY',WHICH IS USED BY EXPERTS EVEN IN PRACTICAL PROBLEMS FACED BY QUERISTS.
V R SHROFF (Expert) 16 March 2014
you said "NOT ONLY I AM EAGER BUT ALSO OTHER QUERIESTS MAY BE INTERESTED TO KNOW WHAT IS THE DEFINITION OR CHARACTERISTS OF AN 'ACADEMIC QUERY'. ONCE THIS CONCEPT IS CLEAR TO QUERISTS, THIS WILL SAVE PRECIOUS TIME OF RESPECTED EXPERTS.

PLEASE THROUGH LIGHT ON THE TERM 'ACADEMIC QUERY',WHICH IS USED BY EXPERTS EVEN IN PRACTICAL PROBLEMS FACED BY QUERISTS."

In reply to your present Query, most of the Experts advised you very well; Despite it, you rased a point of Academic Query, why??

Shri TK told you " it was my opinion that, a level of courtesy could have been maintained. There is no necessity that anyone's advise has to suit the queriest's taste and desire"
So be serious.

May I ask" How are you connected with this Query personally??

& if answer is NO,
your Query is for your personal Academic Interest. OK it becomes AQ.

Guest (Querist) 16 March 2014
Shroff Ji, the answer to your question is 'Yes' and not 'No'.
V R SHROFF (Expert) 16 March 2014
& if Ans is YES; IT IS NOT ACADEMIC QUERY.
But you must explain in detail exactly what happened , how u suffer , and what legal assistance u expect from us.
We are always happy to help needy persons.
But if you ask a Query for general knowledge or to share and improve knowledge, it will be invariably discouraged.

Remember, All Experts are not Advocates.
Neither Experts have lots of free time to go for AQ.

So it is avoided, as per Group policy of all leading LCI Top members.
Guest (Querist) 16 March 2014
Shroff Sir, that is what my grudge is that querists many times may not be able to express their problem properly but that does not mean that their queries should be RESOLVED by dumping the same as AQ.

MOREOVER, I AM OF THE STRONG VIEW THAT THE TERM 'ACADEMIC QUERY' BEING USED FOR SITUATION LIKE THE ONE EXPLAINED BY YOU NEEDS CHANGE AND EXPERTS MAY KINDLY COIN ANOTHER APPROPRIATE WORD FOR THE SAME WHICH MAY SATISFY QUERISTS ALSO.

THANKS
V R SHROFF (Expert) 16 March 2014
These words "Academic Query" were decided jointly by all leading experts ,for over two years, jointly. You are welcome to suggest the word, to replace this word, We will consider it, if short, sweet, within two words ans appropriate..
you may suggest.
Guest (Expert) 16 March 2014
@ Sandeep Kumar,

Good advice from you for the experts to "coin another appropriate word" in place of academic! Seems to be trying to be the Guru of Experts!

But, you have not stated, what is the alergy from the term, "academic" to you?

In fact, you are doing nothing except stretching the thread unnecessarily just to waste the time of experts.

Anyway, for clarifiction about the term, academic, you may refer to my post against your other query at:
http://www.lawyersclubindia.com/experts/Legality-459141.asp
Guest (Querist) 16 March 2014
Thanks Shroff Sir for sharing the position.
Guest (Querist) 17 March 2014
Dhingra Ji,

At the outset, Happy Holi to you, your family as well as to all other experts and their families.

Sir, you have mentioned in your last post:

QUOTE
Good advice from you for the experts to "coin another appropriate word" in place of academic! Seems to be trying to be the Guru of Experts!

But, you have not stated, what is the alergy from the term, "academic" to you?

UNQUOTE

I have gone through the meaning of the word Academic in the dictionery and find as follows:


academic  

Collins
World English Dictionary
academic (ˌækəˈdɛmɪk)

— adj
1. belonging or relating to a place of learning, esp a college, university, or academy
2. of purely theoretical or speculative interest: an academic argument
3. excessively concerned with intellectual matters and lacking experience of practical affairs
4. (esp of a schoolchild) having an aptitude for study
5. conforming to set rules and traditions; conventional: an academic painter
6. relating to studies such as languages, philosophy, and pure science, rather than applied, technical, or professional studies

IT WILL BE APPRECIATED THAT MY QUERIES DO NOT FALL IN ANY OF THE ABOVE MEANINGS. THUS HOW MY QUERIES HAVE BEEN DUMPED AS 'ACADEMIC'. MY QUERIES RELATE TO SITUATIONS BEING FACED PRACTICALLY.

THUS THERE IS A NEED TO COIN APPROPRIATE WORDS FOR DISCARDING QUERIES WHICH EXPERTS DO NOT WISH TO REPLY.
Guest (Expert) 17 March 2014
Thanks for Holi greetings.

If you can advise the experts, you can also coin appropriate words on various terms for the experts to guide them appropriately. Why not try?

Best wishes.
Guest (Querist) 18 March 2014
Besides ACADEMIC QUERY, which query indeed is Academic, following can be considered to be used by experts so that querists may clearly understand the reason for which their query has been dumped by experts:

UNCLEAR QUERY, where query is not clear.

INCOMPLETE QUERY, where more details are required.

COMMERCIAL QUERY, where it is felt that query is to serve commercial interest.

Similar terms used will help querists raise their queries properly next time.


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