SHREY DAMBHARE 07 February 2018

Arbitration - appointment of arbitrator - proceeding

Hello Seniors, I am lawyer and I am early years of practice, I have case in which there is lease deed between Government and Private Individuals. I cannot disclose name of Department, so I hope expert will help me by keeping in mind that this is purely commercial dispute between Government and Private Person. My client is lease holder of Government Property, who has to pay royalty to Government for use and enjoyment of property. However, there is dispute in respect of payment of royalty. It is the case that my client was falsely declared defaulter by Government and possession was illegally taken from my client without cancelling lease deed or giving any notice. That, the lease will expire in year 2030. However, as per lease deed, all disputes have to go for Arbitration. The language in the lease does not specify qualification, procedure for appointment of arbitrator. So, please suggest me step by step how I have to proceed in matter?

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2 Replies

Dr J C Vashista (Advocate) 08 February 2018

If there is an arbitration clause in the lease & licence deed, there must be the name, designation and details of the arbitrator otherwise move to District Judge u/s 9 or High Court u/s 11 of the Arbitration & Concellation Act, 1996 for appointment of sole/multiple arbitrator, as the case may be, which you are to find out.

Seek assistance and guidance of a local senior lawyer before proceeding.

Shrijay Sheth 14 February 2018

One shall direct the actions as provided under Arbitration and Conciliation clause of the Agreement. As far as the clause is concerned, it generally provides the number of arbitrators to be appointed in future or the name of the arbitrator.

As the Agreement includes Government as the party, the clause must be entered very specifically keeping in mind the jurisdiction and manner of appointment of Arbitrator. Last concern shall be appointment of arbitrator court.

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