Scribd
Upload
119 views25 pages

Purva # 104 Meenal # 106 Peter # 117 Supriya # 134

The document discusses arbitration, which is an alternative dispute resolution process whereby parties present their case to a neutral third party (the arbitrator) for a final and binding decision. It provides definitions of key terms like arbitration, arbitrator, claimant, and award. It outlines the arbitration process, noting that it is generally faster and less expensive than going to court. The document also discusses advantages like flexibility and the ability to appoint expert arbitrators, as well as disadvantages like limited appeal options. It then covers topics like the role of arbitration institutions, arbitrator qualifications, costs, timelines and fee recovery in arbitration.

Uploaded by

purvab
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
119 views25 pages

Purva # 104 Meenal # 106 Peter # 117 Supriya # 134

The document discusses arbitration, which is an alternative dispute resolution process whereby parties present their case to a neutral third party (the arbitrator) for a final and binding decision. It provides definitions of key terms like arbitration, arbitrator, claimant, and award. It outlines the arbitration process, noting that it is generally faster and less expensive than going to court. The document also discusses advantages like flexibility and the ability to appoint expert arbitrators, as well as disadvantages like limited appeal options. It then covers topics like the role of arbitration institutions, arbitrator qualifications, costs, timelines and fee recovery in arbitration.

Uploaded by

purvab
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 25

Arbitrati

on
Purva # 104

Meenal # 106

Peter # 117

Supriya # 134
What is Arbitration?
Definition of Arbitration

Arbitration is a legal
technique for resolution
of Dispute, outside the
courts wherein parties to
a dispute refer it to one
or more person (the
"arbitrators", "arbiters" or
"arbitral tribunal"), by
whose decision (the
"award") they agree to be
bound.
Terminologies

• A person chosen to judge and decide a disputed issue.


• Another word → A Referee
Arbiter

• Arbitration is a method of dispute resolution out of the court.


The parties to a conflict agree to be bound by a decision made
by an arbiter, an independent third party or a panel of arbiters.
Arbitration The arbitration may be voluntary as well as statutory

• A private, neutral person chosen to arbitrate a


disagreement, as opposed to a court of law.
Arbitrator
Terminologies….contd..
• Unless the context otherwise requires, includes a
counterclaimant, and related expressions shall be
Claimant construed accordingly

• Any difference
Dispute

• After considering the parties’ submissions, the arbitrator


issues a final and binding ‘award’
Award
Arbitrations have the following in common
• Parties involved must be willing to use the same process

• An independent third party(Arbitrator) considers both sides in a


dispute

• The decision is made by Arbitrator, not the people involved

• An Arbitrator is impartial. Decision is made on the basis of written


information & proofs available

• The process is final and legally binding i.e. , decision is legally


binding on both sides, so it is not possible to go to court if you are
unhappy with the decision.
Why arbitration is preferred against Court
Case?
• Less Time Consuming

• Less complicated

• Cost effective

• No hurdles of the strict rules of procedure


or law of evidence, yet legal binding

• It can be completed within 3-6 months,


when the same can take years or decades
in courts.

• Unbiased decisions as panel can be of 3


or 5 Arbitrators
Process Of Arbitration
Arbitration Process @ Wipro
Matters it can be Matters cannot be
referred referred
• Arbitration is used widely for • Matrimonial matters, like
domestic & international divorce or maintenance;
disputes
• Insolvency matters, like
• disputes between major declaring a person as an
corporations insolvent;

• employment rights disputes, • Criminal offences;


and consumer disputes.
• Dissolution or winding up of a
company.
Pre Arbitration Act 1996 After Arbitration Act 1996
1.Multiple Acts • Enforcement of a domestic
o The Arbitration Act 1940 award as also foreign award
o The Arbitration(Protocol & under the self same Act.
Convention) Act 1937 led to
delays rendering arbitrations
inefficient and unattractive.
o The Foreign Awards
(Recognition & Enforcement)
Act 1961
2.Panchayat
Advantages
When the dispute is highly technical,
arbitrators with an appropriate degree of
expertise can be appointed (as one cannot
"choose the judge" in litigation)

 Faster than litigation in court

Cheaper and more flexible for businesses

Proceedings and an arbitral award are


generally non-public, and can be made
confidential

Easier to enforce in other nations than court


judgments (New York Convention 1958)

Very limited avenues for appeal of an


arbitral award
Disadvantages
•Some the parties are required to pay for
the arbitrators additional legal cost

•Very limited avenues for appeal, which


means that an erroneous decision cannot
be easily overturned

• Multiple arbitrators on the panel 


juggling their schedules for passing an
awards delays in hearings

•In some legal systems, arbitral awards


have fewer enforcement remedies than
judgments; although in USA, arbitration
awards are enforced in the same manner
as court judgments and have the same
effect
Cont……
• Recovery may be more limited in arbitration

• Arbitrators are generally unable to enforce interlocutory measures


against a party, making it easier for a party to take steps to avoid
enforcement of an award, such as the relocation of assets offshore
Education of an Arbitrator
An arbitrator should be any one judicial entity
having professional competence, the citizenship
notwithstanding.

An arbitrator must have capacity as agreed by the


parties.

An arbitrator must be impartial and independent


with regard to the parties and the matter in
dispute.

An arbitrator may not be a person sentenced to a


non suspended prison sentence, while the
consequences of the sentence are having effect.
What is the role of IIAM(Indian
Inst of Arbitration)?

Provides an atmosphere &


infrastructure assistance to the parties
to select the arbitrator

Conduct the arbitration in a


professional, neutral & fair manner
How much does it Cost?

IIAM has a scheduled fee structure


enlisting the applicable arbitrator and
administrative fees.

The party bringing the case is


responsible for paying a nominal
filing fee.

Cheaper than court


How long does an arbitration
take?

Length of an arbitration depends on


factors involved as

types of claims being brought,

the number of parties involved,

the ability to work with the


schedules of the parties and their
advocates.
Can a party recover its fees if it wins in
arbitration?

The winning party can


request and be awarded
the fees and costs it
expended in the
arbitration.

 The Act provides for


such a relief.
Can Arbitration be done Online ?

 Some providers offer an


internet-based arbitration
service for money and consumer
claims.

 The Association of British Travel


Agents (ABTA) make their
arbitration service available
online, so that all documents
can be submitted by email.

 This facility is mainly availed in


USA, UK, Australia.
Cases filed v/s Settled
Industrial Distribution
Thank You

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy