Rule 11
Petition Against The Decision Of Arbitrator And Proceedings
11. Petition against the decision of arbitrator and proceedings:
(1)Following aspects shall be mentioned while filing a petition in appellate court pursuant to section 30 sub-section (1) of the Act:
(a) Name, surname and address of complainant and respondent, place of transaction and other description that
ease issuance of notice,
(b) Name, surname, address of arbitrator and location of office,
(c) Subject assigned to arbitrator for decision,
(d) Brief of the decision of arbitrator,
(e) Whether the decision of arbitrator should be invalidated or be re-decided,
(f) Under which of the basis mentioned in section 30 subsection
(2), the decision of arbitrator shall be invalidated or be re-decided and the basis and evidence to do so,
(g) That the copy of the petition pursuant to section 30 subsections
(1) is provided to arbitrator and concern party,
(h) That the attested copy of decision of arbitrator and other order and copy of agreement relating to arbitration are
attached with the petition.
(2) If it appears during the preliminary hearing of petition filed under sub-rule (1) that the claim mentioned in petition may be established, the court shall demand to send the concerned file and issue an order summoning respondent to be present for discussion providing with seven days time. While presenting within such time, respondent may submit written response if he/she desires.
(3) The court shall adjudge the petition filed pursuant to sub-rule (1) generally within 15 days from upon the presence of respondent if he/she is summoned pursuant to sub-rule (2) or upon the lapses of the limitation to be present. The court shall inform the arbitrator and absent party as well about such decision.
(1)Following aspects shall be mentioned while filing a petition in appellate court pursuant to section 30 sub-section (1) of the Act:
(a) Name, surname and address of complainant and respondent, place of transaction and other description that
ease issuance of notice,
(b) Name, surname, address of arbitrator and location of office,
(c) Subject assigned to arbitrator for decision,
(d) Brief of the decision of arbitrator,
(e) Whether the decision of arbitrator should be invalidated or be re-decided,
(f) Under which of the basis mentioned in section 30 subsection
(2), the decision of arbitrator shall be invalidated or be re-decided and the basis and evidence to do so,
(g) That the copy of the petition pursuant to section 30 subsections
(1) is provided to arbitrator and concern party,
(h) That the attested copy of decision of arbitrator and other order and copy of agreement relating to arbitration are
attached with the petition.
(2) If it appears during the preliminary hearing of petition filed under sub-rule (1) that the claim mentioned in petition may be established, the court shall demand to send the concerned file and issue an order summoning respondent to be present for discussion providing with seven days time. While presenting within such time, respondent may submit written response if he/she desires.
(3) The court shall adjudge the petition filed pursuant to sub-rule (1) generally within 15 days from upon the presence of respondent if he/she is summoned pursuant to sub-rule (2) or upon the lapses of the limitation to be present. The court shall inform the arbitrator and absent party as well about such decision.