• Arbitration

Railway didn't appoint arbitrator as per terms of the contract. Filled application u/s 11(6), high court appoint retired judge as arbitrator in the year 1997-98. He conducted more than 80 sittings. Claims, counter claims, rejoinders, oral evidences made and odvocate of both the parties completed their arguments. In the final sitting arbitrator recorded in the minutes "awaiting for the award" then he died without publishing the award. We again made application u/s 11(6) before the Kolkata High Court to appoint arbitrator. High Court again appointed a retired judge as arbitrator. He conducted 24 sittings. In the 25th sitting respondent lawyer argued before the arbitrator that he has no jurisdiction and refer some Supreme Court judgement which were not relevant to the fact and circumstances of the present case. We filled a application before the arbitrator stating that judgement of Supreme Court referred were not relevant in the fact and circumstances of our case. But the arbitrator did not consider our submission and closed the proceding recording in the minutes that, he has no jurisdiction to edjudicate the matter. Now we filled application u/s 34 of the arbitration act 1996 in the court. I have spend everything what i have earned in my life and in a very bad position. So please suggest and advice, steps taken by me are correct or not and further what I should do or take steps. For this I shall be obliged and grateful.
N K Bohra
Asked 3 years ago in Civil Law from Kolkata, West Bengal
Without seeing the award of the arbitrator it is difficult to advise on the merit of the case.
Apparently you have taken the right course of action by challenging the award u/s 34 of the Act. Hopefully the same has been done within time.
If the court now takes time then you can apply in the high court at Calcutta for direcon upon the court to dispose of the appeal within a short specified time.
Devajyoti Barman
Advocate, Kolkata
13133 Answers
174 Consultations

5.0 on 5.0

Pursue the present petition. 
Wait for some time if the matter is delaying you should move an application to expedite the matter in the high court
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

1. On what basis did the arbitrator record a finding that he has no jurisdiction to hear the matter? If the terms of the contract specifically provided for the appointment of arbitrator for dispute resolution then arbitrator alone could have resolved the dispute. 

2. In view of the fact that the arbitrator held that he has no jurisdiction to hear the matter you have taken the right course of action by filing an application u/s 34 in the court to challenge his award. The objection of the respondent and the finding of the arbitrator would now be considered by the court in its proper perspective. 

3. You are on the right path.
Ashish Davessar
Advocate, Jaipur
23120 Answers
639 Consultations

5.0 on 5.0

1. The steps you have so far taken are certainly in the right direction. Challenging the Arbitrator's orders u/s 34 of the Arbitration Act was your best option as it was based on an irrelevant citation.
2) It would be advisable to wait for the outcome of petition challenging the arbitrator's order. From your description it certainly appears that the arbitrator is the sole authority in deciding the matter.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1) terms of contract provided for appointment of arbitrator . 

2) if Railways didnt appoint arbitrator court has appointed sole arbitrator on account of filure of railways o appoint one 

3) whether in written statement filed before arbitrator issue of jurisdiction was taken up by Railways 

4) since arbitrator has decided against you the only remedy for you was to move HC for challenging award passed by arbitrator that he didnt have jurisdiction . you have filed petition in this regard undr section 34 of Arbitration act 

5) wait for disposal of your petition . you can request HC to expedite final hearing
Ajay Sethi
Advocate, Mumbai
46702 Answers
2763 Consultations

5.0 on 5.0

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