arbitration
Rohit
(Querist) 13 December 2010
This query is : Resolved
HI Seniors,
Plz let me know the qualification of Arbitrator as the same is not mentioned in Arbitration and Conciliation, 1996.
Say for example a commerciall matter is mentioned to an Arbitrator and that Arbitrator may have knowledge, skill, and expertise in the matter referred but may not have a legal background, so can that person be allowed to adjuciate the matter as Arbitrator
Or in other words, does a person have to have an LLB degree to adjudicate matters under Arbitration and COnciliation Act, 1996
Would appreciate experts to answer this
thanks in anticipation
Advocate. Arunagiri
(Expert) 13 December 2010
The arbitrator need not have any legal background. Any person acceptable by both the parties can act as an Arbitrator.
Kirti Kar Tripathi
(Expert) 13 December 2010
Yes. I agree with Arun. No legal background is required, he must be acceptable by all the parties in dispute seeking arbitration.
Y V Vishweshwar Rao
(Expert) 14 December 2010
Conciliation to bring the parties for Arbitration ,and Conciliation will complete on reaching to an agreement for Settlement through arbitration or if any party not accepted for arbitration there is no arbitration and once the Conciliations is successful then the Arbitrate will come in to picture , The Arbitrator may be same conciliator or any other person - The Arbitrator need not have any legal knowledge but he must be unbiased /prudent and capable of assessing the the points where the parties are deferring and where the arbitration is required ,and to be settled .
H. S. Thukral
(Expert) 14 December 2010
There is no particular qualification required to act as an Arbitrator. The appointment of the Arbitrator depends upon the Arbitration clause in any agreement.
Rohit
(Querist) 14 December 2010
First of all thanks to all who have taken a time out to reply to this from your busy schedule
One last clarification required in this regard
I think the Arbitrator has to be a member of FICCI and teh award given by him is of no use unless it is being executed in a civil court, plz confirm
Advocate. Arunagiri
(Expert) 14 December 2010
The arbitrator need not be a member of FICCI.
The award given by the Arbitrator is equivalent to the Civil Courts award. Only for execution you have to go the court. This is common to all the orders passed by the civil courts.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 December 2010
The basic concept of arbitration is that he represents all sides. So without hassles of procedures he should find a quick way out to avoid lengthy litigations.
