We had gone for arbitration during execution of contract and award received. The work is now terminated. Fresh disputes arose now. The panel of arbitrators are of the opinion that their mandate is terminated with the previous award. For new disputes, they say we have to cause appointment of new panel.as per agreement, each party is to appoint one arbitrator and the presiding arbitrator shall be chosen by mutual consent of appointed arbitrators. The agreement is silent on a second appointment of panel. Kindly advise.
Asked in Civil Law from Hyderabad, Andhra Pradesh
1) when was award received?
2) when was contract terminated?
3) if contract has been terminated on account of disputes between parties you can invoke arbitration clause under the contract
4) arbitration would be maintainable as it is in respect of fresh cause of action .
5) earlier arbitration has no co relation with subsequent dispute that arose between parties on termination of contract .
6) invoke the arbitration clause and appoint your arbitrator . if the other party refuses to do so move court for appointment of arbitrator on his behalf
7) inorder to save costs single arbitrator can be appointed by court
Nothing left to add, if the contract is silent for second appointment of arbitrator then file a civil suit before civil court for appointment of the arbitrator/arbitrators.
Advocate, New Delhi
The mandate of Arbitral Tribunal terminates with the passing of Award on disputes referred to it. Therefore the previous Tribunal can not arbitrate dispute which came into existence after first reference or after passing of Award. However the Arbitration clause is independent of contract and it survives after the contract comes to an end or even if it is terminated. Another Tribunal can be constituted to resolve additional disputes as per procedure provided in the agreement. . There is no bar in law to go for second round of arbitration over the disputes which have come into existence after appointment of first Tribunal.
Advocate, New Delhi
The first Tribunal cannot arbitrate the dispute not referred to it. Since a new cause of action has arisen, then a new panel of arbitrators need to be appointed if the arbitration clause is present in your agreement. Invoking the arbitration clause, you must proceed and appoint your arbitrator and let the other party do the same. If there is no consent on the appointment of arbitration panel then move the Court having jurisdiction to hear arbitration matters for appointment of the Arbitrator.
Hi, issue notice to the other side for appointing arbitrator and if he appoint his arbitrator the proceedings will start or other wise matter may refer the court to appointment of arbitration.
1. The matter referred to the arbitrators have already been arbitrated by the Arbitrators,
2. You shall have to have Arbitrators anew to decide upon your fresh dispute.