• Arbitration process

how far is the arbitration award binding on the employee if the process was one-sided? can the award be challenged in the court oflaw? is there a stipulated time period within which the process has to settled?
Asked 2 years ago in Civil Law from Trivandrum, Kerala
you must have been issued notice when arbitration clause was invoked . 

you ought to have appeared before arbitrator and contested the case on merits .

 since you have signed contract with your employer employer can invoke the said clause in case of breach of contract . 
. if you are aggrieved by order of arbitrator you can make an application to HC for setting aside the award .
Ajay Sethi
Advocate, Mumbai
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if the process is one-sided then you  can challenged in the court of law. there is no stipulated time period within which the process has to settled,it does not mean that it can be linger on as long as they want.aggrieved by order of arbitrator you can make an application in district  Court headed by District Judget or Aadditional District Judgeor High Court for setting aside the award .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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it is binding upon employee to pay the award . amount is immaterial . copy of award will be communicated to you . if for instance arbitration proceedings under contract has taken place in  bombay and award has been passed in Bombay you have to challenge award in Bombay High court .
Ajay Sethi
Advocate, Mumbai
23363 Answers
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Hi, as long as you party to the arbitration agreement it is binding on you and from your narration the proceeding in the arbitration had conducted with out serving notice to you then you to approach civil court for arbitration suit as the award has already passed by the arbitrator.
Pradeep Bharathipura
Advocate, Bangalore
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you know all  the business secrets of your employer . if you leave your organisation and work for competitor your ex employer will lose business as you will divulge all business secrets and take away your ex employer clients .. hence such a clause is incorporated in the contract . it is binding
Ajay Sethi
Advocate, Mumbai
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you have signed the contract after reading its clauses . if you did not agree to these clauses your employer could not have forced you to sign the contract . 

employee can challenge award . consult a local lawyer . it is necessary to go through wordings of your contract , award passed by arbitrator to advice
Ajay Sethi
Advocate, Mumbai
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if company has defaulted in payment of your salary , settlement of accounts issue legal notice to company . 

if company does not pay provident fund dues complain to Regional provident Fund commissioner 

.if Regional Provident Fund commissioner  does not take action  you can also file complaint before consumer forum for deficiency in service and make regional provident fund commissioner a party . 

you ought to have raised your grievances before arbitrator made a counter claim based on legal advice . now that you did not raise these grievances earlier you cannot assail award on this ground .
Ajay Sethi
Advocate, Mumbai
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there is always issue of money
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
if letter invoking arbitration was sent and sole arbitrator appointed arbitration proceedings must have proceeded with and award passed by the arbitrator . the reply sent by you would have been considered by arbitrator while passing an award . wait for service of award . then decide your next course of action after consulting a local lawyer
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0

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