arbitration | law200 kah

LAW 200Section 03

Faculty: Arafat Hosen Khan (KAH)

PRESENTED BY:

1310179630 Naina Annushka

1310316030 Abdullah Al Noman

1310429630 Mohd. Rifatul Maksud

1310588030 Nawsin Hasan

What Is Arbitration

Arbitration,

“a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts”

Arbitration can be either

voluntary

mandatory

What Is ArbitrationArbitration is a proceeding in which a dispute is resolved by

an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final

and binding.

There are limited rights of review and appeal of arbitration awards.

WHERE Arbitration

• International commercial transactions

• Family/domestic disputes.

Why Arbitration

Speed

Cost

Efficiency

strict wage and hour

Expert Judgment

Confidentiality

Form of Agreement

Arbitration agreement maybe in the form of art arbitration

clause in a contract or as a separate agreement

Written or any sort of record of the agreement

Exchange of statement of claim and defense

Number of Arbitrators

Independent number of arbitrators

Failure to determine: then the tribunal should consist of

three arbitrators

Success leads to appointment of an even number of

arbitrators and they will jointly appoint additional arbitrator

Additional arbitrator will be the chairman of the tribunal

Can be of any nationality

Failure to appoint within 30 days then District judge will

make the appointment

Disqualification of Arbitrators

Has interest in the subject matter

Necessary witness of the disputed matter

Decision–making by panel of arbitrators

Made by the majority of all its arbitrator members.

However, questions of procedure may be decided by a

presiding arbitrator, if authorized by the parties or all

the members of the arbitral tribunal.

THANK

You!