Where to appeal against arbitrator award

I availed a car loan from toyota. due to 2 EMI unpaid they initiated arbitration. I requested to come and collect the EMI to collection agent. But they have not come and made my third EMI kept on pending. They intiated the arbitration. I attended the arbitration proceeding on 03.10.2015 and promise to pay pending EMI before 30.10.2015. And subsequently paid. today all EMI paid except some legal charges. 10.03.16 I received the award by arbitrator to pay the balance with 18% interest w.e.f. 29.09.15. I want to know procedure of Apeal and complaint against arbitrator for false exparte order

Answers (4)

176 votes

you will have to file appeal/ objections against the award at the place where seat of the arbitration was. like if the agreement provided arbitration to happen in Delhi or courts of delhi shall have jurisdiction, then courts in delhi will have the jurisdiction. further, we will have to see which district court will have the jurisdiction from the agreement, as i assume the award is below 1 crore.

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314 votes

One can assist you over this subject case if he has access to following -
- Agreement copy of car loan out of which this arbitration proceeding was initiated,
- Copy of Arbitral award passed by the arbitrator,

Further, one also need to know as to which place was opted for this arbitration process. For e.g. Arbitration clause states that arbitration to be held in Delhi then the arbitrator would have sat over here in Delhi and have conducted all the proceedings. So by the virtue of that Courts of Delhi will have the authority to hear the appeal.

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202 votes

Section 34 of the arbitration and conciliation act, 1996 is the remedy you have and the appeal will lie before the High Court. You have 30 days to file appeal. You can also refer section 16 of the arbitration and conciliation act.

277 votes

You are required to approach the High Court under section 34 of the arbitration and conciliation act of 1996. You shall also get stay quite easily pending proceedings. It should not be much of a problem. However you must approach the court as expeditiously as possible.

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