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;
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) ...
Arbitration notice: in case of dispute between the parties arise, the party will send a notice to the defaulting party for initiating the procedure of arbitration known as arbitration notice. 3. Appointment of Arbitrator: party appoint arbitrator as they think fit to resolve the dispute.
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;
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.
After the opening statement, the claimants present evidence, that is, the details of their case. For example, they present witnesses and introduce any relevant documents. If the arbitrators did not swear a witness in at the beginning of a hearing, they will administer the oath before that person testifies.
To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.