Arbitration
R.Ranganathan
(Querist) 06 June 2010
This query is : Resolved
I would like someone to tell me about the present procedures to be followed by an Arbitrator and how all these are valid in the eyes of law.
Vineet
(Expert) 06 June 2010
Under the Arbitration and Conciliation Act, 1996 much liberty has been given to parties to agree upon the process and procedure of arbitration. Once the procedure has been decided, the powers of arbitrator are very wide and there is limited scope of intervention by the courts.
if the parties think that the arbitrator is not acting as per the decided process, they can by an agreement remove the arbitrator u/s 14 of the Act. However, a single party has limited rights in challenging the conduct and jurisdiction of the arbitrator as the arbitrator himself has been authorised to decide upon its jurisdiction and no appeal lies against rejection of such challenge during the pendancy of arbitral proceeding and only after the award is made that the same can be challenged for setting aside on the grounds of incompetency etc.
R.Ranganathan
(Querist) 07 June 2010
I wanted to know what sort of procedures to be followed by an Arbitrator such as summoning of the parties, conducting of the proceedings, passing of the award. Is it same like that of sending summons and notices like in Civil Courts and calling of attendance of the parties and witnesses etc.,
Surrender K Singal
(Expert) 08 June 2010
As the parties submit to the arbitration by the appointed Arbitrator / Tribunal, they decide on the remuneration of the Arbitrator and dates by which claim, objections, rejoinder, list of witnesses, documents-admission / denial, evidence by way of affidavit could be completed and then the date for cross-examination is fixed to the convenience of all ;
Upon completion of evidences of both sides, the matter is fixed for arguments whereafter the Arbitrator may take his time to finalise the AWARD, which would then be disclosed after getting requisite stamps !
R.Ranganathan
(Querist) 08 June 2010
Thank you Mr. Surrender K Singhal.Should all the notices and other evidences be taken on plain paper or can the arbitrator use his letter head for these purposes.
