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How does an arbitrator decide a dispute?
Who oversees the process of Arbitration?
Who is an arbitrator in a court case?
What is the meaning of Arbitration?
Dec 26, 2016 · An Arbitrator is a person to decide the dispute outside the Court. He may be appointed either by the parties or by the Court. There may be a sole Arbitrator or a panel of Arbitrators. Whether the Arbitrator is a sole person or a panel, it is called ‘ Arbitral Tribunal ’.
- The Arbitration and Conciliation Act 1996
Conclusion: The new FDI (Foreign Direct Investment) policy...
- The Arbitration and Conciliation Act 1996
Nov 10, 2014 · An impartial third party, known as an Arbitrator, is chosen by the parties to listen to their case and make a decision. The meeting takes place outside court, but is much like a hearing, in that both sides present testimony and evidence.
Aug 11, 2023 · Arbitrators are not just decision-makers; they act as the bridge between conflicting parties, facilitating a dialogue and paving the way for a balanced resolution. Arbitrators today often transcend the traditional confines of a courtroom, thanks to platforms like Rapid Ruling.
- Introduction
- Who Is An Arbitrator
- Powers and Function of Arbitrator in An Arbitration Proceeding
- Duties of An Arbitrator in An Arbitration
- Functions of An Arbitrator
- Principles to Be Followed by An Arbitrator
- Case Laws
- Conclusion
- Frequently Asked Questions
- References
The UNCITRAL Model Law, which had a significant contribution in the enactment of the Arbitration and Conciliation Act, 1996in India, which was passed during the year 1985, by the United Nations Commission on International Trade Law (UNCITRAL). While giving effect to the Model Law, the United Nations General Assembly (UNGA) proposed or offered that ...
The role of an arbitrator is like that of a judge who acts as a neutral third party. The decisions made by the arbitrator in a dispute are considered obligatory and final. The arbitrator regulates a hearing, which is conducted in a formal way, and in this meeting, the parties produce evidence and arguments in relation to the dispute. In this case, ...
The arbitrator is the one who will give the arbitral award, therefore, the Arbitration and Conciliation Act, 1996 provides several powers to him in order to determine the award.
In an arbitration, the arbitrator has some specific duties towards the parties of the dispute at the time of appointment. The general duties which the arbitrator is bound to fulfil in all kinds of arbitration are-
The parties at the time of nominating an arbitrator may lay down certain duties or tasks on the arbitrator. The following mentioned below are things or acts for which the arbitrator could be held accountable for:
Complying with principles of natural justice
Arbitral proceedings are based on the principles of natural justice, which provide such proceedings legality and supremacy as an impartial, fair, and just mechanism for dispute resolution. Starting from the appointment of an arbitrator for arbitral proceedings to dealing with parties in an impartial way, principles of natural justice play a significant role in every step. The principle of natural justice originated from the word ‘Jus Natural’ in Roman law. In simple terms, the principle of na...
Reasoned decision
The requirement of expressing the reasons serves as the following grounds: 1. It makes certain that the authority will apply its mind objectively in the case, considering all the relevant facts and ensuring that all the irrelevant facts have been left behind. 2. The aggrieved party feels satisfied that the authority before making a decision has considered and examined their views points before reaching any conclusion. 3. This principle helps in reducing arbitrary action.
M. Mariyam U.I. Asia v. T.N. Muslim Women Education & Welfare Association
In the case of M. Mariyam U.I. Asia v. T.N. Muslim Women Education & Welfare Association (2011 (2) W 858 (MAD.))the Madras High Court was of the view that once the appointed arbitrator had refused not to act or proceed, his mandate stood cancelled. In this case, the first opportunity would be given to the petitioner to appoint another arbitrator that would take the place of the outgoing arbitrator, and if there is a failure of appointment by the petitioner, then the arbitrator shall be appoin...
Sankar and Sankar v. State of West Bengal
In the case of Sankar and Sankar v. State of West Bengal (AIR 1992 CAL 365),the court observed that if a person has been given the opportunity to appoint an arbitrator under the Arbitration Clause, and he has not appointed nor given any reference and there is no information in this regard for more than 1 year, it would be considered a case of failure for the appointment of an arbitrator on the part of the concerned person. Then, in that case, the court will appoint the arbitrator.
Anuptech Equipment Pvt. Ltd v. Ganpati Co-Operative Housing Society Ltd
In the case of Anuptech Equipment Pvt. Ltd v. Ganpati Co-Operative Housing Society Ltd (1999) the court observed that when an arbitrator has been appointed, and he does not meet the requirements or possess the qualifications that have been agreed upon by the parties at the time of the arbitration agreement, his appointment would be treated as void ab initio. In fact, any order passed by him would stand as cancelled. In the case of Kesholal Ram Dayal v. Laxman Rao Ram Krishna, (AIR 1940 NAG. 3...
The general powers and duties are important for an arbitrator to conduct fair arbitration proceedings, the arbitrator must also ensure that the duties mentioned under the agreement are complied with. These duties vary from case to case so for every particular case it is very impactful in every case. The arbitrator is a person who acts as a neutral ...
Can an arbitrator proceed ex-parte?
Section 25of the concerned act states that the arbitrator can proceed ex-parte, but before taking any such action, the arbitrator needs to inform the concerned parties about it.
Can parties go to court after receiving an award?
When the award has been passed, the winning party can approach the court to confirm the award if the other party does not want the award.
Is arbitration final or binding?
When the parties have agreed to abide by the decision of the arbitrator in that case it is final and binding, but in other cases, when neither of the parties has agreed to it, it is not final.
- Ayush Verma
Arbitrators serve as impartial adjudicators in dispute resolution, sidestepping lengthy court proceedings. Appointed or agreed upon by parties, they assess evidence, apply relevant laws, and issue binding decisions. Their neutrality and expertise ensure equitable resolutions.
An arbitrator is a neutral third party who is appointed or selected to resolve disputes between two or more parties. They play a crucial role in alternative dispute resolution (ADR) processes, where the goal is to settle conflicts outside of traditional courtrooms.
Sep 12, 2023 · An arbitrator is a third-party neutral who is appointed to hear and resolve disputes between parties through the arbitration procedure. The arbitrator serves as a judge-like figure with the authority to issue a binding decision known as an arbitral award. They are often picked based on their skill and experience in the dispute's subject area.
