(5) Failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by 1the Supreme Court or, ...
Parties must attend the arbitration hearing, and may be represented by an attorney. The arbitration hearing may proceed and an award issued in the absence of a party who, after due notice, fails to be present or to obtain a continuance.
(1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in ance with sub-section (2) and sub-section (3). (ii) the arbitral award is in conflict with the public policy of India. (iii) it is in conflict with the most basic notions of morality or justice.
1 The ICC Rules, Article 6(8) provides, “If any of the parties refuses or fails to take part in the arbitration or any stage thereof, the arbitration shall proceed notwithstanding such refusal or failure.” Similar provisions are also provided for in the LCIA Rules, Article 15.8; SIAC Rules, Rule 20.9; UNCITRAL Rules, ...
Not responding isn't typically illegal, but once a court has ordered arbitration, both parties are expected to move forward in good faith.
FINRA requires investors and other parties to file their arbitration claims via the DR Portal—except for investors representing themselves, who have the option to file by mail. If you are new to the DR Portal, please create an account. Login to the DR Portal and select “File a New Arbitration Claim” in the left column.
The Act incorporates specific timelines to ensure efficiency: Section 9(2) requires arbitral proceedings to commence within 90 days of an interim measure; Section 11(4), (13) mandate court appointment of an arbitrator if not appointed within 30 days and disposal of such applications within 60 days; Section 13(2) ...
Either Party to a contract in which there is an Arbitration clause can either himself or through an authorised agent may invoke Arbitration so as to refer the dispute to arbitration, as per provisions of the arbitration clause.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
There must be an arbitration agreement or an arbitration clause between the parties; A party to the arbitration agreement files a case against the other party before the judicial authority; The subject matter of the case so filed must be the same as the subject matter of the arbitration agreement;