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rachit (student)     15 September 2015

Limitation in arbitration

I have filed a suit for recovery case against the defendants. The defendants filed the Section 8 application since the contract was having the Arbitration Clause which was allowed by the court. Now who is supposed to appoint the Arbitrator.  



Learning

 2 Replies

advocatepassy@gmail.com 971794 (Advocate)     15 September 2015

In the contract it is mentioned who will appoint arbitrator. If not, if the other party complain than it is the duty of the party who violated the terms to appoint him

Saurendra Rautray (advocate)     11 December 2015

Hi,

Kindly read the Arbitration Clause in the contract. Does it have any named arbitrator if so then please go and meet him and file a memo with the court order. If there is no name is there any person who has been mentioned as the appointing authority then one should approach him to appoint one. If there is no named arbitrator or named appointing authority then then only option for you is to file an application before the HIgh Court for appointment of an arbitrator.

Regards

Saurendra Rautry

Rautray&co

New Delhi

www.rautray.com

09437008255


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