BUSINESS AND CORPORATE LAW

PRESENTED BY:MARYAM QAZIHIBA SHAIKH

MAHGUL KHANVARDA SHAIKH

ARBITRATION

A R B I T R AT I O N

A form of alternative dispute resolution(ADR) is a technique to settle disputes outside the court.

an agreement between two parties to submit their dispute to arbitration by appointing arbitrator. This

agreement is also known as submission.

NOTE: A criminal matter, however, cannot be referred to arbitration.

Following Conditions Should Be Satisfied For Applying The Court:

However there are some exceptional cases in which concerned parties referred to court, but there are

some conditions; these are :

• The applicant should be ready and willing to do all things necessary for the proper conduct of the arbitration. No excuses!

• If the matter isn’t solving according to the arbitration agreement, the concerned parties may go to court to settle their dispute.

APPOINTMENT OF AN ARBITRATION BY COURT

the following cases essential for the appointment of arbitrator by the court.

CASES:1. When an arbitrator refuses to act, or is incapable of

acting, or dies, and the parties do not fill the vacancies.

2. Where an arbitration provides for the appointment of one or more arbitrator by consent of the parties, and the parties do not concur in the appointment, or where the parties or the arbitrators are required to appoint an umpire and then do not appoint him.

POWERS OF AN ARBITRATOR

1. To administer oath to the parties and witnesses.

2. To state a special case for the opinion of the court of any question of law involved.

3. To make the award conditional or in the alternative.

4. To correct any clerical or accidental error in the award.

5. To administer interrogatories to any party.6. To make an interim award.

DUTIES OF AN ARBITRATOR1. His decision is a final judgment for which there

is no appeal.2. It is, therefore, very important that he should be

absolutely impartial.3. If he is not interested in the subject matter of the

dispute or in the parties appearing before him, he must disclose these facts to the other parties before his acceptance to act as an arbitrator.

4. He must act strictly within the scope of the submission and should sign the agreement.

REMOVAL OF AN ARBITRATORUnder section 11 of the arbitration Act, 1940, the court may remove an arbitrator under the

following condition:(a) it must be proved that the arbitrator is guilty

of improper delay in the conduct of the arbitration or in making the agreement.

(b) The court may remove an arbitrator who has misconducted himself and the proceedings. In this case, the court may exercise its power by SUO MOTO without an application.

POWER OF COURTS OVER AWARDS BY ARBITRATOR

The court may modify or correct an award in the following cases:

1. Power to Modify Award

a. When the decision is not conducted according to the arbitration agreement b/w the concerned parties, then the court has right to modify the award.

b. When the award is imperfect or the decision is unfair then the court has right to change the decision.

c. Where the award contains a clerical mistake or an error arising from an accidental slip or omission.

THANK YOU SO MUCH !