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    Arbitration:: by Sathiya.k Ii-Mba

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    Anitha
    Arbitration is a process where an impartial third party, called an arbitrator, hears arguments and evidence from both sides involved in a dispute and makes a decision about the outcome. Some key points: - Arbitration is generally faster and less formal than going to court. The parties have more control over scheduling compared to court calendars. - Advantages include being able to select an arbitrator of choice, the presence of attorneys, and a potentially less stressful environment than court. However, parties pay arbitrator fees and lose the right to appeal. - Arbitrators have powers like administering oaths, considering evidence, putting questions to parties, and continuing hearings. They must remain impartial and follow

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    Arbitration:: by Sathiya.k Ii-Mba

    Uploaded by

    Anitha
    21 views17 pages
    Arbitration is a process where an impartial third party, called an arbitrator, hears arguments and evidence from both sides involved in a dispute and makes a decision about the outcome. Some key points: - Arbitration is generally faster and less formal than going to court. The parties have more control over scheduling compared to court calendars. - Advantages include being able to select an arbitrator of choice, the presence of attorneys, and a potentially less stressful environment than court. However, parties pay arbitrator fees and lose the right to appeal. - Arbitrators have powers like administering oaths, considering evidence, putting questions to parties, and continuing hearings. They must remain impartial and follow

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    Arbitration is a process where an impartial third party, called an arbitrator, hears arguments and evidence from both sides involved in a dispute and makes a decision about the outcome. Some key points: - Arbitration is generally faster and less formal than going to court. The parties have more control over scheduling compared to court calendars. - Advantages include being able to select an arbitrator of choice, the presence of attorneys, and a potentially less stressful environment than court. However, parties pay arbitrator fees and lose the right to appeal. - Arbitrators have powers like administering oaths, considering evidence, putting questions to parties, and continuing hearings. They must remain impartial and follow

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    21 views17 pages

    Arbitration:: by Sathiya.k Ii-Mba

    Uploaded by

    Anitha
    Arbitration is a process where an impartial third party, called an arbitrator, hears arguments and evidence from both sides involved in a dispute and makes a decision about the outcome. Some key points: - Arbitration is generally faster and less formal than going to court. The parties have more control over scheduling compared to court calendars. - Advantages include being able to select an arbitrator of choice, the presence of attorneys, and a potentially less stressful environment than court. However, parties pay arbitrator fees and lose the right to appeal. - Arbitrators have powers like administering oaths, considering evidence, putting questions to parties, and continuing hearings. They must remain impartial and follow

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 17

    ARBITRATION:

    By
    sathiya.k
    II-MBA
    Meaning of
    ARBITRATION
    The hearing and determination of a dispute
    by an impartial referee agreed to by both
    parties (often used to settle disputes between
    labor and management)
    A process in which a disagreement
    between two or more parties is resolved by
    impartial individuals, called arbitrators, in
    order to avoid costly and lengthy litigation.
    Advantages of Arbitration:

    The parties and their attorneys can select


    their arbitrator, (they cannot select their
    judge).
    Attorneys are present to help.
    Arbitrators often work faster than a judge to
    decide disputes.
    Appointments are scheduled with the
    arbitrator at the mutual convenience of all
    concerned; no other cases compete for
    attention.
    Arbitration meetings tend to be less formal
    than court, so parties may feel more
    comfortable and confident to speak.
    The parties, not the court calendar, decide
    when and how much time the arbitrator
    spends on their case.
    Disadvantages of Arbitration:

    Parties pay by the hour for the arbitrators time.


    The couple gives up their power to decide and
    leaves their fate in the hands of a third party
    stranger.
    The arbitrators authority is determined by the
    contract that the parties sign. Parties must
    carefully review exactly what issues are to be
    decided by the arbitrator.
    The arbitrators settlement is final and generally
    cannot be appealed.
    voluntary arbitration
    voluntary arbitration, the parties to the
    dispute can and do themselves refer
    voluntarily any dispute to arbitration before it
    is referred for adjudication
    QUALIFICATIONS

    a. Minimum of 10 years of senior-level


    business or professional experience or legal
    practice.
    b. Educational degree(s) and/or professional
    license(s) appropriate to your field of
    expertise.
    c. Honors, awards and citations indicating
    leadership in your field.
    d. Training or experience in arbitration and/or
    other forms of dispute resolution.
    e. Membership in a professional
    association(s).
    f. Other relevant experience or
    accomplishments (e.g. published articles).
    The powers of an arbitrator :
    1. To refer the matters of law or the award for
    the opinion of the court.
    2. To order for the specific performance of a
    contract or to make an interim award.
    3. To administer oaths to the parties and the
    witness appearing before him and to regulate
    the course of hearing.
    4. To consider any or all evidence offered by
    parties where the Arbitrator believes those
    evidence are necessary for the settlement of
    the dispute.
    5. To put necessary interrogatories to the
    relevant parties and to appoint experts for his
    guidance in the question of a scientific or a
    technical nature.
    6. To continue the Arbitration hearing to a
    subsequent date
    Duties of an arbitrator
    1. Arbitrator must act impartially
    2. He has a duty to be physically and mentally
    capable of conducting the Arbitration
    proceeding.
    3. The arbitrator must not receive any
    evidence from one side in the absence of
    other side.
    4. An independent behavior is expected from
    an arbitrator throughout the process.
    5. Arbitrator has a duty to observe the rules of
    evidence based on principles of natural
    justice.
    6. The arbitrator is entitled to precede ex-parte
    if it is clear that the party to whom notice has
    been given does not appear before him within
    the reasonable time.
    Procedure for investigation

    Fair hearing which demands that an


    opportunity should be given to both the
    parties to be heard and cross- examined.
    Principal of natural justice requires that a
    partly should have due notice of proceedings
    and it must know what are the issues involved
    and what part it has to play
    The party should be free to give any evidence
    which is relevant to the enquiry and on which
    it relies for its arguments. The evidence given
    one party should be taken in the presence of
    the other party so that the other party may
    rebut and place counter evidence, if
    necessary.
    Submission of award:
    The award is in line with the terms of reference
    and that it does not go beyond its jurisdiction
    It must be precise and definite, that is, it must
    be clear , unambiguous and without any,
    vagueness, and that it is not in any way
    capable of being misunderstood .
    It should be capable enforce or implemented in
    other words, it should not contain directives or
    provision which apparently seem impossible of
    enforcement.
    The award should contain a date or a specific
    period for its implementation.
    The award should not violate any provision of
    any existing law or settlement legally arrived
    at, or one which is binding on parties.
    The award should contain sufficient
    justification or reasons for the settlement
    arrived at by the arbitrator.
    THANK YOU

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