Rule 7
Complaint Relating To Removal Of Arbitrator And Proceedings
7. Complaint relating to removal of arbitrator and
proceedings:
(1) Person who is not satisfied with the decision pursuant to section 11 sub-section (3) of the Act for removing arbitrator may file complaint in appellate court within thirty days from the date of receipt of notice about the decision pursuant to section 11 sub-section (4) of the Act. Following aspects shall be mentioned in such complaint:
(a) Name, surname and address of complainant and respondent, place of transaction and other description that
ease issuance of a notice,
(b) Name and address of arbitrator intended for removal,
(c) Brief of the decision rendered pursuant to section 11 subsections
(3) of the Act,
(d) Cause and evidence for removal,
(e) That attested copy of agreement and decision rendered pursuant to section 11 sub-sections (3) of the Act are
attached.
(2) If the court befalls convinced about the presence of condition of section 11 sub-section (2) there in, in course of preliminary hearing of the complaint, the court shall issue an order for the presence of respondent ascertaining date for hearing providing with reasonable time.
(3) In ascertained date for hearing pursuant to sub-rule (2) appellate court shall adjudge the complaint by hearing the statement of parties present and being based on the evidence produced there in and shall notify to arbitrator about the same.
(4) If there is a demand for the issuance of interim order to the arbitrator for not to persuade the process of arbitration until the adjudgement of the complaint pursuant to sub-rule (1), the court shall settle such question in course of preliminary hearing itself pursuant to sub-rule (3) considering as to whether there is sufficient basis and cause regarding such demand.
proceedings:
(1) Person who is not satisfied with the decision pursuant to section 11 sub-section (3) of the Act for removing arbitrator may file complaint in appellate court within thirty days from the date of receipt of notice about the decision pursuant to section 11 sub-section (4) of the Act. Following aspects shall be mentioned in such complaint:
(a) Name, surname and address of complainant and respondent, place of transaction and other description that
ease issuance of a notice,
(b) Name and address of arbitrator intended for removal,
(c) Brief of the decision rendered pursuant to section 11 subsections
(3) of the Act,
(d) Cause and evidence for removal,
(e) That attested copy of agreement and decision rendered pursuant to section 11 sub-sections (3) of the Act are
attached.
(2) If the court befalls convinced about the presence of condition of section 11 sub-section (2) there in, in course of preliminary hearing of the complaint, the court shall issue an order for the presence of respondent ascertaining date for hearing providing with reasonable time.
(3) In ascertained date for hearing pursuant to sub-rule (2) appellate court shall adjudge the complaint by hearing the statement of parties present and being based on the evidence produced there in and shall notify to arbitrator about the same.
(4) If there is a demand for the issuance of interim order to the arbitrator for not to persuade the process of arbitration until the adjudgement of the complaint pursuant to sub-rule (1), the court shall settle such question in course of preliminary hearing itself pursuant to sub-rule (3) considering as to whether there is sufficient basis and cause regarding such demand.