praveen kumar (LEGAL MANAGER) 10 December 2014
Dear Experts
Please clarify on the following:
1. When as per the arbitration agreement, the appointing authority is approached by one of the parties for appointing arbitrator; is it open for appointing authority to decide on merit of the claim of the party as to whether for claimed dispute arbitrator can be appointed or not?
2. Can the appointing authority under any circumstance reject request for appointment of an arbitrator?
Regards
Daksh (Student) 10 December 2014
Dear Praveen,
The answer to your query is in negative for the reason that until and unless the Arbitration Agreement specifically provides for the right to the Arbitrator appointing authority it cannot go into the merit i.e. to see whether any dispute is arbitrable or not.
More so, it is a sort of an administrative act and the same needs to be done transparently, without any malice or favour.
I hope this clarifies.
Thanks and best regards
Daksh
Saurendra Rautray (advocate) 02 June 2015
Hi,
If the appoiting authoirty decides not to appoint then you can file an application under section 11 before the concerend High Court for appointment of an arbitrator.
Regards
Saurendra Rautray
Advocate
09437008255
Delhi : B3/18, Vasant Vihar, New Delhi - 110 057
T : +91 - 11 - 46113964 / 46552244
E : mail@rautray.com
Website- www.rautray.com
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
