Arbitration

pankaj Dev (Querist) 01 October 2015 This query is : Resolved
My arbitrator was appointed by high court . Is it necessary that I should appear before the arbitrator. Or can I give the power of attorney to my lawyer so that my lawyer can deal the case as whole

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Advocate Bhartesh goyal (Expert) 01 October 2015
Your personal presence before Arbitral Tribunal is not essential,you can be represented through Lawyer and whenever your presence will be required that time you have to present.

pankaj Dev (Querist) 01 October 2015
i donot want to presence before Arbitral Tribunal .Is it possible

pankaj Dev (Querist) 05 October 2015
My arbitrator was appointed by high court . Is it necessary that I should appear before the arbitrator. Or can I give the power of attorney to my lawyer so that my lawyer can deal the case as whole. It means I don't want to presence before Arbitrator Tribunal .Is it possible

Anirudh (Expert) 05 October 2015
Dear Mr. Pankaj,

There is no point in repeating the query.

You have already been appropriately answered by Advocate Mr. Bhartesh Goyal.

While most of the time you are not required to be present before the Arbitrator, you will definitely be required to be present when Cross-examination takes place. If you do not present yourself for cross-examination that will affect your own case.

Guest (Expert) 05 October 2015
A Power of Attorney If Appointed with Very valid Reasons/Grounds acceptable by Honourable Courts then he would be Representing you Not only before the Arbitrator but till the End of the Case.If your Advocate Co operates you could again replace your POA after Arbitration Procees and some Hearing again with Valid Reasons for it. Consult Your Advocate.Nothing is Impossible with Proper Approach.

M V Gupta (Expert) 05 October 2015
If u want to engage an Advocate u have to give vakalatnama to him. No need to execute a POA. As regards ur appearance before the Arbitrator, experts have rightly advised that ur presence will be necessary for cross examination, Chief examination being filed by way of affidavit.

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