Didn't appoint arbitrator as per terms of the contract.

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 advocate 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 proceeding recording in the minutes that, he has no jurisdiction to adjudicate 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.

Answers (1)

441 votes
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 direction upon the court to dispose of the appeal within a short specified time.

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