What is Arbitration ?

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People have various conceptions about Arbitration. The very old concept about Arbitration was Panchaiti. It was a sort of undefined conception of people to settle their disputes, by referring to a person of their choice who would contact the parties and try to settle their disputes. This was an attempt to settle civil disputes by… Read more »

What is the modern concept of Arbitration ?

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The modern concept about Arbitration has greatly changed. On the one hand the parties are given the liberty to enter into an Arbitration agreement of their choice, they also have the liberty to agree to an arbitrator or arbitrators of their choice mutually acceptable to them and also have the liberty to agree to the… Read more »

How to enter into an Arbitration agreement ?

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An Arbitration agreement may be in the form of Arbitration clause in a contract or in the form of a separate agreement. An Arbitration agreement has to be in writing.   The requirement as to Arbitration agreement being in writing is fulfilled ;-   a) If the document is signed by the parties   b)… Read more »

How to get Interim Reliefs in a case where there is an Arbitration agreement ?

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Under the 1940 Act an interim relief could be sought for after commencement of the Arbitration reference. This situation has been basically altered and now as provided in section 9 of The Arbitration and Conciliation Act, 1996. Interim relief may be sought by a party before or during arbitral proceeding or anytime after the making… Read more »

What can a party to an Arbitration agreement do if the other party to the Arbitration agreement institutes a suit in a Court of Law praying for decision on matters, which are covered by the Arbitration agreement ?

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This situation very often used to arise and the other party had no option but to make an application for the stay of the suit under Section 34 of the old Act. If a party commenced a suit and gave notice there of to the other side all further proceedings in Arbitration would become void… Read more »

How and what number of Arbitrators are to be appointed ?

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The parties are free to determine the number of arbitrators, provided that such numbers shall not be an even number. Feeling the determination referred to by the parties, the Arbitral Tribunal shall consist of a sole Arbitrator. If the procedure for appointment of Arbitrator or Arbitrators is not agreed, in an Arbitration with three arbitrators… Read more »

Can a party challenge the appointment of an Arbitrator?

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Yes, if circumstances exist that give rise to justifiable doubts as to the Arbitrators independent or impartiality, or if he does not possess the qualification agreed to by the parties. A party may challenge an Arbitrator appointed by him, or in whose appointment he has participated only for reasons, of which he becomes aware, after… Read more »

What is the procedure for challenging the appointment of an Arbitrator ?

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The parties are free to agree on a procedure for challenging the appointment of an Arbitrator. Failing any agreement as aforesaid a party who intends to challenge an Arbitrator shall, within 15 days after becoming aware of the constitution of the Arbitral Tribunal or after becoming aware of any circumstances for challenging the appointment of… Read more »