An arbitration is a hearing where a commissioner gives both parties an opportunity to present their cases regarding the issue in dispute by leading evidence, presenting documents, cross examination of witnesses, and even conducting of inspection of premises, where that is necessary.
Arbitration often involves a binding agreement and occurs when an arbitrator, often a lawyer, applies law and facts to the case resulting in a reward or solution. Mediation, which is non-binding, involves a mediator assisting both parties with communication, in hopes of coming to a shared agreement.
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 ...
Arbitration is a quasi-judicial proceeding, wherein the parties in dispute appoint an arbitrator by agreement to adjudicate the said dispute and to that extent differs from court proceedings. The power and functions of arbitral tribunal are statutorily regulated.
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.
In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties' representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of ...
Case Initiation: A request for arbitration is the formal document that kicks off the arbitration process. The request is submitted by the claimant to the arbitrator and usually to the respondent. Arbitrator Invitation: Arbitrators are invited to review the case details, ensuring there are no conflicts of interest.
Entry Pathway Complete 10+2 and pursue a Bachelor's degree like LLB/Arbitration Law/ B./CA/CS/ Engineering/etc. Register with Indian Council of Arbitration. Complete 10+2, pursue a Bachelor's degree like LLB/Arbitration Law, and then opt for a PG Diploma in Arbitrations Law/ LLM.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.