Jurisdiction of arbitrator
Ajay
(Querist) 03 August 2013
This query is : Resolved
we have a loan in 2006 from NBFC which was restructure in 2009,in restructure they change many point and added that arbitrator jurisdiction will be delhi where all work,processing,loan sanction,disbursement every thing done in Bangalore,now we have 3 instalment pending and they have file arbitration case in delhi,they have office in bangalore also,even notice was not serve within one month,we objected for jurisdiction and date of serving notice and ask for bangalore jurisdiction but delhi arbitrator passes interim order.Can we challenge it in Bangalore High court to bring to Bangalore arbitration as they hv office also in bangalore,
Guest
(Expert) 03 August 2013
Objected to whom about the jurisdiction and service of notice?
prabhakar singh
(Expert) 03 August 2013
Arbitration agreement has to be examined carefully.
An arbitrator has power to decide whether or not he is vested with jurisdiction and against his this kind of order relating to jurisdiction, appeal lies.
Hence it is doubtful if writ under 226 of the constitution would be entertained despite existence of an alternative remedy.
Consult a good lawyer personally with brief
of the case without which nothing can be said with certainty .
Murali Krishna
(Expert) 03 August 2013
1. The action is under A&C Act, 1996.
2. Parties are at liberty to choose a place of arbitration. As you said jurisdiction of arbitrator changed to New Delhi, you have to approach him. Your challenge shall be before arbitrator only.
3. Once arbitrator passes the award, said award can be challenged under S.34 within 3 months. If the cause of action arises within jurisdiction of Bangalore Area, it can be challenged at Bangalore.
4. High Court does not have jurisdiction over award of arbitrator. It is Principal civil judge/Dist judge court which has jurisdiction.
Ajay
(Querist) 03 August 2013
we have objected to arbitrator for juridiction
Whether order passed by delhi arbitrator,can we challenge his order in Bangalore distict court
