Legal representation

Arbitration - International arbitration – Legal representation - Rules allowed legal representation in Appeal - Not allowed - In the absence of proof of prejudice caused due to non-representation by a Legal Representative and to show that it was disabled to put forth its views, award can not be set aside - Arbitration proceedings governed by the rules of Federation of Oil, Seeds and Fats Associations Ltd. (FOSFA), London – Appeal against the award to the Board of Appeal - NAFED was not allowed to have any legal representation before the arbitral tribunal or in the Board of Appeal - Rule 3 of the FOSFA Rules bars the parties from having legal representation before the Arbitral Tribunal - However, Rule 6 empowers the Board of Appeal to allow legal representation to the parties in case of particular circumstances - NAFED through its solicitor submitted letters to permit legal representation - However, the same was denied by the Board of Appeals - Due opportunity of defending to NAFED was not afforded - It is not disputed that before the Arbitration Tribunal, the rule debars legal representation; hence the submission as to non representation before the Tribunal, cannot be accepted - However, in appeal due to refusal to permit representation through a legal firm, the NAFED was not able to point out the prejudice caused to it - In the absence of proof of prejudice caused due to non-representation by a Legal Representative and to show that it was disabled to put forth its views, we cannot set aside the award on the ground that it would have been proper to allow the assistance of a Legal Representative - Foreign Awards (Recognition and Enforcement) Act, 1961- Section 7 . #2020 SCeJ 676