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??

Answers (3)

154 votes

Every agreement, generally, contains arbitration clause. That clause will make the parties to be bound by the clause if the dispute arises out of the contract.
Every proceeding of the arbitration starts with the notice to other party.
In your case, it appears you have missed those notices. If you are sure you have not received the noticeofarbitration and an interim awards have been paased, you have to approach the arbitrator under the Arbitration and conciliation act.
The criminal proceedings are different from the arbitration proceedings.

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69 votes

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.

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Please take note of following -
1. Since the agreed place of Arbitration is of Mumbai abd Chennai so as per the orders passed by Hon'ble Supreme Court of India it cannot be changed. What you can do is you can ask permission to attend the on going proceedings of these cases by way of video conferencing from your place.
2. You can challenge the passed interim order by way of appeal in against section 17 of Arbitration and Conciliation Act under section 34 of the same act. The appeal to these interim order shall lie in Mumbai and Chennai as the on going proceedings of Arbitration is happening over there only.
3. Hire an advocate who can represent you in both the cases at different places or can bring up your appeal case to such High Court of those places.
4. Contest this case by way of video conferencing as that is allowed. Simultaneously also contest the case of fraud u/s 420 of IPC in against those who have actually taken the money and are now refusing to return the same. Fear of going behind the bars that too for 07 years will compel them to run away from their places making them bigger criminal which means their life is spoiled in entirety or else they will run to your door to pay you your due money.

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