Arbitrator Quits!

Further proceedings depend on the Arbitration agreement. U should demand for appt. of arbtr. or U can move court for appt.of arbtrator.

UR query, in absence of the arbtrn. agrmt. is difficult to ans. in detail.

Arbitration clause is very simple in service agreement which states that Any dispute  regarding the service agreement will be solved by the sole arbitrator appointed by employer. Thats it!

Now?

A new arbitrator has to be appointed by the person who has been given authority to appoint the arbitrator under the agreement. If this does not happen within reasonable time, you have to approach Chief Justice of jurisdictional high court for apointment of arbitrator u/s 11 of the Act.

Hi All, Thanks for Replies

After 15 Days of Ist Arbitrator Quited, My Ex Employer sends a Request for Appointment of New Arbitrator and CC to me. 

I received their letter after 20 days as I was out of town.

Now what should I need to do? Should I write them to update me on the matter as I was not at home?

Also in a request to arbitrator Ex Employer wants to start the proceedings from last Arbitrator quited. Is it possible as per the act?

Please help!

Thanks 

Dear Friend,

Very intresting case, i think u dealt very properly with the case so far.

What i suggest that u should not encourage this Arbitration and in case Ex Employer start the proceedings from last Arbitrator u can again challenge the same.

May i know in detail what defences u took before the Arbitrator initially????

Regards

Hi Kuljit

sure we discuss the case in detail...before that i would certainly want to know that how far this is legal to start the proceedings by new arbitrator from where it was stopped by last arbitrator.

best

Dear Friend,

If the Arbitrator has quit on the ground of intrested or related party in the case. The new Arbitrator has to start whole of the proceedings from the beginning only.

Regards

Ok.

In his letter to me after 5 hearings he said," I am stopping the proceedings and i am quiting for personal reason". - Thanks

So is it enough?

Best

Well, u can take objection in case they continue from where the first Arbitrator left.

As per your agreement, the appointment of arbitrator is to be made by the employer. Hence in the event of earlier arbitrator quitting, you have no option but to have another arbitrator appointed by the employer. If there is inordinate delay in the matter, you can approach high court to appoint new arbitrator.

Once new arbitrator is appointed, both the parties have to decide whether to start the proceeding afresh or continue from where the earlier arbitrator left.

If you think that the earlier abitrator had passed certain directions which were biased and against your interest, you can insist on fresh proceedings. Otherwise, please mind it, arbitration has its own cost and more it is prolonged, more you have to incur costs. So if only procedural part has been completed with nothing aganst you so far, it would be better to start from the last development.

Once an arbirator has been appointed, it is in your interest to cooperate and get the proceeings completed at the earliest unless you again sense bias. You can challenge the action of arbitrator but it is not necessary that he will quit following your challenge. He can simply reject your challenge and move ahead. That is the irony as your contract allows appointment by the employer only.

Thanks for your detailed reply Mr Vineet!

Let me give you some background of the case. 

(as I explained earliar that Ex Employee has no legal standing as per the Indian Contract Law, they just want to distract / harras me that I can not focus on my work which can be deteremental to their business in long term)

Considering above they sent legal notice carrying baseless allegations and that too without proof, and went on for arbitration which I challenged on disciplinary grounds as I FOUND THAT THERE WAS NO APPOINTMENT LETTER TO ARBITRATOR and they have professional relations with them.

AND I ALSO REFUSED TO PAY MY SHARE OF FEES BECAUSE I KNEW THAT ARBITRATOR IS BIASED AND WILL GIVE GIVE AGAINST ME. (and when continue to refuse paying my share of fees then he quit after 4 meetings)

Last Arbitrator asked me to file the reply of claims (which is due on July 09) but he quited on April 28.

There is no cost for me as of now and i will still not bear any cost further. He can pass the award and take the fees from the court .

Last arbitrator carried out 5 hearings despite my refusal to pay single penny! which shows they are other side of the law. So I am planning to file an objection to start proceedings from where last arbitrator left!

please suggest!

thanks again.

RSH

Hi!!! 

In my first hearing in Second Arbitration Proceedings (New Arbitrator Appointed) I found that Arbitrator's Assistant is being presented as a proxy for claimant. ( I have a strong proof). 

Can I simply challenge that Arbitrator is BIASED?

Best

NO.

WHY?