You are viewing the translated version of मध्यस्थलाई हटाउने सम्बन्धी उजुरी र कारबाही.
Rule 7
Complaints and actions related to the removal of arbitrators
(1) Any person who is not satisfied with the decision made in accordance with subsection (3) of section 11 of the Act regarding the removal of an arbitrator may file a complaint with the Court of Appeal within thirty days from the date of receiving the information of the decision in accordance with subsection (4) of section 11 of the Act. In such a complaint, the following should be disclosed:-
(a) The name, surname, nationality, business address of the complainant and the opponent, including other details that are helpful in filing the notice,
(b) the name and nationality of the arbitrator sought to be removed,
(c) Brief description of the decision made in accordance with sub-section (3) of section 11 of the Act,
(d) reasons and evidence for removal,
(e) That a copy of the agreement and a certified copy of the decision made pursuant to sub-section (3) of section 11 of the Act are attached.
(2) During the preliminary hearing of the complaint filed in accordance with sub-rule (1), if it is found that the condition of sub-section (2) of section 11 of the Act is present in the proceedings of the arbitrator, the court shall issue an order for the appearance of the opposing party, giving a time for reasonable excuse and setting a date for the hearing.
(3) If the parties appear on the date fixed for the hearing according to sub-rule (2), the appellate court will also hear their arguments and decide the complaint on the basis of the evidence submitted and will inform the arbitrator.
(4) In the event that there is a demand to issue an interim order in the name of the arbitrator that the arbitrator should not proceed with the complaint as per sub-rule (1), the court shall, during the preliminary hearing as per sub-rule (3), consider whether there is sufficient basis and reason for the same. Will decide the question.
(a) The name, surname, nationality, business address of the complainant and the opponent, including other details that are helpful in filing the notice,
(b) the name and nationality of the arbitrator sought to be removed,
(c) Brief description of the decision made in accordance with sub-section (3) of section 11 of the Act,
(d) reasons and evidence for removal,
(e) That a copy of the agreement and a certified copy of the decision made pursuant to sub-section (3) of section 11 of the Act are attached.
(2) During the preliminary hearing of the complaint filed in accordance with sub-rule (1), if it is found that the condition of sub-section (2) of section 11 of the Act is present in the proceedings of the arbitrator, the court shall issue an order for the appearance of the opposing party, giving a time for reasonable excuse and setting a date for the hearing.
(3) If the parties appear on the date fixed for the hearing according to sub-rule (2), the appellate court will also hear their arguments and decide the complaint on the basis of the evidence submitted and will inform the arbitrator.
(4) In the event that there is a demand to issue an interim order in the name of the arbitrator that the arbitrator should not proceed with the complaint as per sub-rule (1), the court shall, during the preliminary hearing as per sub-rule (3), consider whether there is sufficient basis and reason for the same. Will decide the question.