A reference can be made with complete set of documents and a complaint to an Arbitrator. After verifying the plaint the arbitrator has to decide whether to enter into reference or not.
I had the opportunity to appear in 2 arbitration cases.
In both the arbitration cases the plain copy and the accompanying documents were not filed at all with the arbitrator before issuing the notice of entering into arbitration.
In the second case the documents concerning the case were not filed even after the passing of the order in the arbitration case.
In the second case the execution application was filed and notice issued without the documents filed before the arbitrator.
In the case of small loans by a bank in New Delhi the sole arbitrator was appointed in Chennai. The bank had an office in Delhi. It had substantial business in Delhi.
But still no illegality could be seen in the arbitration.
Do we really need to bring some changes in the law.
I had the opportunity to appear in 2 arbitration cases.
In both the arbitration cases the plain copy and the accompanying documents were not filed at all with the arbitrator before issuing the notice of entering into arbitration.
In the second case the documents concerning the case were not filed even after the passing of the order in the arbitration case.
In the second case the execution application was filed and notice issued without the documents filed before the arbitrator.
In the case of small loans by a bank in New Delhi the sole arbitrator was appointed in Chennai. The bank had an office in Delhi. It had substantial business in Delhi.
But still no illegality could be seen in the arbitration.
Do we really need to bring some changes in the law.
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