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Arbitral tribunal

Alternative dispute resolution: it is a procedure for settling of dispute without litigation such as arbitration, negotiation, conciliation and meditation.                                   

Arbitration: a process similar to an informal trial where an impartial third party hears each side of a dispute and issue a decision, the party my agree to the decision announced by arbitration.means the decision may be binding or non-binding.

Arbitral Tribunal: a panel in which arbitrator sit to resolve a dispute by the process known as arbitration. The Tribunal my consist of a sole arbitrator,or there may be to aur more arbitrators which might include either at chairman or an umpire. Members selected to serev on the tribunal are professional with expertise in law. The parties to a dispute are usually free to detrdeter the number and composition of the arbitral tribunal.

Qualifications required for the arbitrator are following: impartial, having no interest in the subject matter, well versed, possess sound knowledge, should not buy claim of the parties, should not be baised.

Section 10 of Arbitration and Conciliation act,1996 : Number of arbitrators

(1): The parties are free to determine the numbers of arbitration provided such number shall not be an even number.             

(2): Failing the determination referred to in sub-section (I) the arbitral tribunal shall not of a sole arbitrator.

Section 11 of Arbitration and Conciliation act,1996:

(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.

(2) Subject to sub-section,the parties are free to agree on a procedure for appointing the arbitrator.

(3) Failing any agreements referred to sub-section (2)in arbitration with three arbitrators each party shall appoint one arbitrator and the two appoint one arbitrator shall appoint third arbitrator who shall act as the presiding arbitrator.(4) If the appointment procedure in sub-section (3) applies and :(a) a party fails to appoint an arbitrator within 30 days from the receipt of a request to do so from the other party;or (b) the two appointed arbitrator fails to agree on the third arbitrator within 30 days from the date of their appointments, the appointment shall be made on the request of a party, by chiCh justice or any person or institution designated by him.

Sections Ground of challenges:.         

  1. Banner person is is approach in connection with his possible appointment as an arbitrator he shall disclose in writing any circumstances likely to give rise to justifiable doubts as to his independence and impartiality.
  2.  an arbitrator from the time of his appointment and throughout the arbitral proceedings shall without delay, disclose to the parties in writing any circumstances referred to in subsection 1 unless they already been informed by them.
  3.  an arbitrator may be challenged only,if (a) circumstances exist that give rise to justifiable doubts as to his independence and impartiality; or(b) he does not possess the qualification agreed to by the parties.
  4.  A party may challenge and arbitrator appointed by him or in whose appointment he has participated only for reason of which he become aware after the appointment has been made.

Arbitral tribunal play a very important role in today legal system in India as it decreases the burden of the courts.

  • Introduction
  • Appointment of Arbitrator
  • Grounds of challenges

BY : Amrisha Jain

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