Place of arbitration. —(1) The parties are free to agree on the place of arbitration. (2) Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the Arbitral Tribunal having regard to the circumstances of the case, including the convenience of the parties.
What is the board of arbitration?
Board of Arbitration A panel of impartial persons appointed to resolve a dispute in an extrajudicial process. Parties in arbitration agree to allow the decision of the board of arbitration to be binding and to forego the right to an appeal.
Is arbitration a public record?
Parties can agree that the hearing and evidence, and any other material created or disclosed in the proceedings, be kept confidential, and that they (and the arbitrators) will not disclose any information about the arbitration. In comparison, court documents and hearings are generally public.
Is ICA applicable arbitration?
The ICA was established in 1965 as a specialized arbitral body at the national level under the initiatives of the Govt. Based in New Delhi, the main objective of ICA is to promote amicable, quick and inexpensive settlement of commercial disputes by means of arbitration, conciliation, regardless of location.
What is the language of arbitration?
Language used in the parties’ written and oral submissions, in the procedural orders and in the award(s) issued by the arbitrators. It is chosen based on joint agreement of the parties, usually in the arbitration clause, or is otherwise decided by the arbitral tribunal.
What is section 9 arbitration Act?
Firstly, as already stated, Section 9 of the Act itself entitles ‘any party’ to obtain interim relief from the Court at three stages, i.e. (i) before the commencement of arbitration proceedings; (ii) during the course of the arbitration proceedings; and (iii) after the arbitral award is made but prior to its …
How do you start an arbitration?
The arbitration process usually starts with the complaining party giving notice to the other about their intent to arbitrate a dispute. The notice includes the nature and basis for the proceeding. Following this notice the other party has a period of time to file a written response.
What are the reasons for confidentiality in arbitration?
Confidentiality is considered as one of the key reasons why parties choose to go for arbitration for settlement of their disputes as they do not want their disputes to be a topic of public discussion.
Is private arbitration confidential?
It is generally assumed as a matter of commercial dealings that arbitration proceedings will be both private and confidential. Arbitrations are private in that third parties who are not a party to the arbitration agreement cannot attend any hearings or play any part in the arbitration proceedings.
Who are the members of the arbitration board?
Arbitration Board. a board whose members are chosen by the parties to a dispute in order to resolve the dispute. In the USSR, the Foreign Trade Arbitration Commission and the Maritime Arbitration Commission settle disputes through arbitration.
When does arbitration take place in a case?
Simply because one of the parties in a dispute desires to enter into arbitration does not take away another party’s right to go to court. Arbitration only comes about when two parties agree to it, either before or after a legal dispute comes up.
How is arbitration a form of Alternative Dispute Resolution?
Arbitration, a form of alternative dispute resolution(ADR), is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), which renders the “arbitration award”. An arbitration award is legally binding on both sides and enforceable in the courts.
How does the London Court of international arbitration work?
The London Court of International Arbitration. Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons (the “arbitrators”, “arbiters” or ” arbitral tribunal “), which renders the ” arbitration award “.