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 ...
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
The initial period will be one year. Thereafter, parties can, by consent, extend the period upto a maximum of another one year. Beyond the one year plus the period agreed to by mutual consent, the court will have to grant extension. Applications for extension are to be disposed of within one month.
from the date the tribunal enters upon reference. Extendable by 6 months, i.e. to 18 months by mutual consent of the parties. After the expiry of this 12 or 18 month period, as the case may be, parties have to approach the Court for extension of time. Time limit for the arbitral tribunal to pass an award.
"(1) The award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference.
Generally, all disputes relating to rights in personam i.e. rights and interests of the parties themselves in the subject matter of the case, are considered amenable to arbitration; Whereas, all disputes relating to rights in rem i.e. rights exercisable against the world at large, are required to be adjudicated by ...
A party has 90 days within which to refer that dispute to arbitration from the earlier of the date on which conciliation remains unresolved, or the 30-day conciliation period has expired.
Under most arbitration rules, an Answer or Response to a Request for Arbitration must include the respondent's name and contact details, the name and contact details of its representative, its preliminary comments on the dispute, its response to the relief sought by the claimant, its observations and proposals ...
(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, ...
Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).