Arbitrator cannot pass award!

What is your role in the whole play ?

At Claimant / Employer side. 

Its not lyk that Arbitrator cannot award .... bt its also a comon fact that awards are also being challanged in the higher court of law inasmuch to any order/ judgement of any court .. further can u please elaborate the below mentioned: 

"My arguement is - Can Arbitration be sustained or it is valid if the contract or dispute is against public policy, against fundamental right of a person and hit by Section 27 of Indian Contract Act?"

at claimant side means u are employer in actual, or agent of emp[loyer or Arbitrator .....

I am employer, also I appointed the sole arbitrator. But when I read examples and citations and pasr judgements I was bit worried. As the whole idea was to somehow try to unsettle my ex-employee as not to poach my clients after her termination. so I invoke the Arbitration clause in agreement, but that contract is also not valid as there are negative covenants which are clearly hitting Section 27 Contract Act. 

So I need suggestion wheather we should continue, or not?

Kiran

Dear Kiran

Elaborate info is required.As per your tex 'High Court directed the Arbitrator that he can proceed but CAN NOT pass the final award"...no inference can be drawn.This is surprising to assume Arbitrator to proceed but do not pass award.Then what is the motto in proceeding further??The object of appointment of Arbitator is to get the matter finally decreed.

The H.C might have given the interim order & the case must be yet to be decided.The information submitted by you is lacking the facts & circumstances.

NITIN KULKARNI

ADVOCATE

Hi Nitin

You are right, it is an 'interim order' . I just checked with counsel.

Now, as I stated earlier, This contract clearly hitting Section 27 of contract act (post employment restrsiction and non competion clasuse). And I dont have any proof of dual employment neither we spent any expenses for trainning on her (ex employee). She has also produced 'email communication' between us which unfortunately suggests that full and final settlement was done. 

So, again, Can I stop her to be my competitor or join my compititor based on contract she signed where as per clause she can not join any rival or same business till 12 months? 

Actually my worry is I dont have proof and it was merely to unsettle her business and I think my counsel has guided me wrongly.

Regards

Kiran

Dear Kiran,

Please consider my friendly advice.As we are citizens of largest democratic nation,everyone has his own right to choose his business and the circumstances shows that you are short of stronge evedences on your part..By searching undue advantages of loopholes of law,you are just wasting your energy.

You are honest & sincere one, let her enjoy with her job & you concentrate on your job.Certainly one day you will enjoy her rivalry in your rising business.

NITIN KULKARNI

ADVOCATE

Hi Nitin

You mean I should stop Arbitration against her or out of court settlement. Her lawyer has claimed a money for undue harrassment now.

I am consider on the same line as you advice.

Regards

Kiran

Learned Mr. Kulkarni has given  practical advice.

You have terminated the employee and no salary is paid for 9 months. This Ex employee has to earn her livelihood.During her employment with you she was expected to poach other's clients for the company.

Healthy competition is good for business.

It is better to approach the other party and settle the matter. The financial setllement shall be a mild bearing.

Point taken! Thanks to you & Mr Kulkarni

But my counsel and arbitrator seems bit rigid, I am totally confused what to do.

Law is not on my side?

Best

Kiran

Kiran just for clarification stoping ur ex-employee from solisiting your clients for reasonable time is permissible in contract act.

Dear Mr. Gupta,

Kindly clarify :

-what would be the reasonable time, for example ; 1,3,6 or more months?

-Is there any publication or citation available on this?

Madam Kiran has posted the period as 12 months.

Your response shall be highly useful to all those who visit the forum.

I agree with Mr Kumar, It will be really helpful if Mr Gupta can suggest any citation in particlular employer - employee related issue. I am aware that it might exist in supplier/vendor case but not in employer - emplyee case.

regards

Kiran