With the party applying for reference to arbitration under sub-section (1), and the said agreement or certified copy is retained by the other party to that agreement, then, the party so applying shall file such application along with a copy of the arbitration agreement and a petition praying the Court to call upon the ...
Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.
It defines an arbitration agreement as an agreement between parties to refer disputes to arbitration rather than courts. Essential elements include a written agreement, intention of the parties to arbitrate, signature of parties, and an existing or future dispute.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Top 10 tips for drafting arbitration agreements Introduction. Scope of the arbitration agreement. Seat of the arbitration. Governing law of the arbitration agreement. Choice of rules. Language. Number and appointment of arbitrators. Specifying arbitrator characteristics.
The arbitration agreement provides the basis for arbitration. It is defined as an agreement to submit present or future disputes to arbitration. By entering into an arbitration agreement, the parties commit to submit certain matters to the arbitrators‟ decision rather than have them resolved by law courts.
Minimum Content of the Arbitration Agreement As mentioned above, the arbitration agreement must identify the parties, the existing or future dispute(s) andthe legal relationship (contractual or non-contractual) out of which the dispute(s) arose or might arise.
A form of ADR, arbitration involves both parties presenting their case to a neutral third party (an arbitrator) who considers the issues and gives their decision (called an award). An arbitrator has the power to make a range of awards depending on the circumstances of the case. Awards may include: Monetary compensation.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.