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Steps involved in Arbitration Proceedings
The act,1996 is a long step leap in the direction of an alternative dispute resolution system. Arbitration and conciliation act was passed by the government of India in the year of 1996 as a measure of fulfilling the obligation under the international treaties and convention in conformity with the Model law UNCITRAL.
Previous legislation on arbitration is incomplete in nature, a conference presided by the Prime Minister of India, P.V. Narasimha Rao, he consider International modern like the UNCITRAL law on commercial International arbitration and he discuss about Arbitration in India, in the year of 1993. As the result of this conference, and the drawback present in the previous legislation, to make the people satisfy the arbitration and conciliation act 1996 was enacted by the parliament. It corporated the rules and regulation from the UNCITRAL.
Steps involved in an arbitration proceedings:
1.arbitration clause: the clause which state that the parties will adopt arbitration method to resolve the dispute.
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.
4. Statement of claim: after the arbitrator have been appointed as statement of claim is drafted by both the parties. Statement of claim between the parties and the compensation claimed by the aggrieved party. Sometime, the other party can find a counter claim as a reply to the statement of claim.
5.Hearing of parties: An arbitral tribunal will hear both the parties.
6. Arbitral award: The decision given by the arbitral tribunal is referred as 'arbitral award' and it is binding on both the parties.
7. Execution of award: Once, the arbitral award has been passed, it has to be executed.
Here,the author want to concluded that the act, promience of the arbitration agreement before starting the arbitration proceedings in case of any disputes. The act also provide that the arbitration agreement must contain the subject matter of the dispute, number of arbitrators and etc. The act also provide power to the parties to choose the seat of the arbitral tribunal,means to select the seat of arbitration proceedings and also provide parties to set the rules and regulations.
- Introduction
- Steps involved in an arbitration proceedings
- Conclusion
