JUDGMENT :

P.B. Suresh Kumar, J.

This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (the Act) is directed against the order dated 13.12.2010 in Arbitration O.P. No.1906 of 2008 on the files of the Court of the District Judge, Ernakulam. The appellant was the first respondent in the said proceedings.

2. The first respondent is a member of the second respondent, M/s.Cochin Stock Exchange Ltd. and was carrying on business as share broker in the name of his proprietory concern. The appellant availed the services of the first respondent for purchase and sale of shares through the second respondent. A dispute arose between the appellant and the first respondent concerning the transactions effected by the first respondent on behalf of the appellant. Disputes of this nature, in terms of the provisions contained in the Memorandum and Articles of Association of the second respondent, are to be adjudicated by recourse to arbitration by an arbitral tribunal constituted by the second respondent. An arbitral tribunal was therefore constituted by the second respondent on the request of the parties to resolve the dispute and the arbitral tribunal passed an award directing the