• Presented By :• Sonu Verma

• Anushree Khunteta• Pooja Sharma• Priyanshi Jain• Ritu Yadav

ARBITRATIONGoverned By The Act, 1996

OBJECT AND MEANING OF ARBITRATION

In the growing awareness, courts are getting over burdened and are not in a position to bear the entire

burden of justice system due to which there is a major problem like time consuming, huge expenses,

delayed results.After considering all these problems many remedies have been introduced such as arbitration, lokpal bill,

fast track courts etc.The basic object behind arbitration is to obtain fair

resolution of disputes by an impartial tribunal.

ARBITRATION• ARBITRATOR :• The person who resolves the dispute by reviewing the

evidences in the case and imposes decision that is legally binding on both sides is called arbitrator.

• He is appointed by the parties by their mutual consent and his appointment is not complete till he has accepted the appointment.

It is an out of court legal settlement in which a third party is appointed (it may be more than 1 but should always be in odd number) without referring the matter to the court of law.

• APPOINTMENT :• He could be of any nationality if he has not appointed by

mutual consent than he will be appointed by chief justice.

OBLIGATION :There are 2 obligations on arbitrator i.e. # To TREAT the parties with equality, and# To give full opportunity of being heard to each party.

ARBITRAL AWARDWriting

On Stamp Paper

Name Of Parties & Arbitrator

Signed By Members Of

Arbitral TribunalSubject Of Dispute

Dated

CONTENTS

Alternate Dispute Resolution is a

technique for the resolution of disputes

outside the courts.

ADR processes provide flexibility and

helps in saving valuable time and money

decisions can be taken fast without long

and continuous hearings.

ADR has gained popularity in business

environment and are increasingly being

used in commercial, family, civil and labor

disputes. Moreover many people

preferred this approach because they

found it more creative and more focused

on problem solving than litigation

LABOUR DISPUTE COMMERCIAL DISPUTE

FAMILY DISPUTE CIVIL DISPUTE

DISPUTES

SECTION 7 : ARBITRATION AGREEMENT

Agreement should be in writing.

It should be signed by the parties.

SECTION 7 : ARBITRATION AGREEMENT

ARBITRAL PROCEDUREDetermination Of Rules Of Arbitral Procedure :Arbitral tribunal is not bounded to follow the procedure of code of civil 1908 and Indian Evidence Act 1872.Place :Parties may agree on the place of arbitration any where In India. Commencement :It commence on the date on which request for that dispute which is to be referred to arbitration is received by respondent. Language :Generally, language is English however it will be translated to the parties in the desired language. Statement of claims and defense :Person who files claim is claimant and the person who files defense is respondent . Where the claimant fails to present the case without any reason the proceeding shall be terminated similarly where respondent fails to communicate his statement proceedings shall be continued treating it has claimants charges.Court Assistance :With prior approval of arbitrators parties may apply to court in reaching to a decision.Reasons for award :This act states that what should mention the reasons in support of determination of award.

Correction & Interpretation : Award may be corrected by tribunal within 30 days on account of clerical Typing or calculation error from the date of receipt of award.

Setting Aside Of Award :Parties can approach to the court for setting aside how ever application should be made with in 3 months from the date of award. In case of delayed application it can be accepted provided parties must have valid reasons.

Grounds For Challenging The Award :• In capacity of party• In validity of agreement• Proper procedure is not followed and against public policy.

Enforcement : If the time limit for making an application to set aside the award is expired or rejected then the award shall be enforced and parties will be binded by it.

Thank YouPresented By :Sonu Verma

Anushree KhuntetaPooja SharmaPriyanshi Jain

Ritu Yadav