Legal Question in Business Law in New York
My Corporation received a letter from and Arbitrator in Delhi India summoning me to appear in India for Arbitration . The Other party filed with the Arbitrator based on a contract that had expired in 2007. I sent notice to the Arbitrator disputing and confirming that there is no valid contract and that I was not and did not agree to Arbitration. I did not appear in India on the date of Arbitration. I received a letter today that because I did not appear the Arbitrator directed the other party to file their claim and set an adjourned date. I think it says that if I do not appear on the next date of hearing they will proceed in accordance with the law. It is my understanding that if there is no valid arbitration agreement between the parties and in the absence of an arbitral agreement per the Arbitration Law, a party cannot be compelled to arbitrate. I am wondering what my course of action should be. Thank you.
2 Answers from Attorneys
Doing nothing might very well be the best strategy, but you have to get the whole situation evaluated including a review of any written agreements and correspondence, all the facts and circumstances, an understanding of the arbitration body and governing law, etc.
Unless you have assets in India, they are going to have to enforce the judgment here anyway. So a number of things will have to happen and this will not be a small investment for them.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
Your best course of action is to hire an Indian attorney. I met an attorney last week who is admitted in both New York and India. If you want I can give provide you with the info. I have to locate her through a friend, though.
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