Advocate Suresh Kumar Kalra

Questions Answered by Advocate Suresh Kumar Kalra

Q: what can be done if arbitrator passed interim order against me.

I had taken a personal loan from aditya birla finance and credit card from kotak mahindra. being unable to pay back the loan amount and interest, now both have initiated arbitration against me by hiring arbitrators in mumbai and chennai whereas i reside in delhi and had taken the loan from delhi and had signed agreements with both in delhi. Though the arbitration clause in both agreements were clear about the place of proceedings as mumbai and chennai, my financial condition as of today will not allow me to travel for attending these arbitration proceedings. How do i make the jurisdiction of delhi? also the arbitrators have passed interim order against me. where will the appeal lie and what do i do? the money that i had borrowed by these two loans were taken from me by two frauds who are not returning my money now for which i have also filed a complaint at the police station. i need urgent suggestion as to what should be my next step. where and how do i challenge my interim order??

Advocate Suresh Kumar Kalra answered
Does the Arbitration clause provide for sole arbitrator or a tribunal which is generally of three members. If it is a tribunal then you can appoint one arbitrator and the company will appoint one. The two arbitrators will then appoint a third arbitrator who is called umpire. For challenging the arbitration proceedings in the court, please consult a lawyer who can advise. If the clause is silent on sole arbitrator and a Tribunal, and the companies have initiated arbitration by appointing a sole arbitrator, then this can become a ground for appeal.