STEPS IN THE ARBITRATION PROCESS

STEPS IN THE ARBITRATION PROCESS

• Dispute arises (Start)
• Request for and submission of dispute to arbitration (This may be to a specific arbitrator or to an arbitral institution. Choices may be predicated by a pre-contractual term in an agreement which has given rise to the dispute.
• Parties agree on an arbitrator or an arbitrator is appointed by an arbitral institution or a court.
• Arbitrator accepts appointment.
• Preliminary meeting at arbitrator's request. This may be a joint session with everyone present or may be conducted by telephone conference.
• Arrangements for the arbitration including hire of venue and travel arrangements, usually done by the parties with or without the assistance of an arbitral institution.
• Arbitrator issues directions.
• Preliminary hearings and interim awards possible in respect of security of costs, scope of arbitration agreement etc.
• Submission of pleadings: claims / counterclaims and response to counterclaim.
• Discovery and preparation of agreed documents.
• Preparation of expert reports.
• Hearing (all parties, representatives, witnesses and experts and arbitrator).
• Award : decision and costs (The End).
• If non compliance - action for enforcement or challenge of or to award.

What is the process of arbitration?

Arbitration is a time-tested, cost-effective alternative to litigation. Arbitration is the submission of a dispute to one or more impartial persons for a final and binding decision, known as an "award." Awards are made in writing and are generally final and binding on the parties in the case.

How arbitrators are appointed?

Sub-section (5) deals with the parties failing to agree in nominating a sole arbitratorwithin 30 days of the request in that behalf made by one of the parties to thearbitration agreement and sub-section (6) deals with the Chief Justice appointing an arbitrator or an Arbitral Tribunal when the party or the two .

How do you reach binding arbitration works?

1. Determine the arbitrator. To find a suitable arbitrator, look for someone with experience with the subject-matter of your dispute. ...
2. The arbitration hearing. At the hearing the arbitrator will open by outlining his or her function to the parties. ...
3. Arbitrator powers. ...
4. Arbitrator decision appeals.

What is an arbitration hearing?

At its core, arbitration is a form of dispute resolution. Arbitration is the private, judicial determination of a dispute, by an independent third party. An arbitration hearing may involve the use of an individual arbitrator or a tribunal.

What does a demand for arbitration mean?

Typically, a party initiates the arbitration process by sending the other party a written demand for arbitration. The demand generally describes the parties, the dispute, and the type of relief sought. The opposing party usually responds in writing, indicating whether they believe the dispute is arbitrable.

An arbitration agreement is a contract in which you agree to bring any legal claims you may have against your employer to arbitration, rather than filing a lawsuit in court. Unlike civil court, where matters are decided by judges and juries, anarbitration takes place before an arbitrator who is chosen by the parties.

Is arbitration always legally binding?

In binding arbitration, the arbitrator's decision is final. It may not be reviewed or overturned by a court except in very limited circumstances, such as when fraud or misuse of power has been involved. In nonbinding arbitration, either party may reject the arbitration award and demand a trial instead.

What is a mutual agreement to arbitrate?

An employee who signs an arbitration agreement promises to pursue any legalclaims against the employer through arbitration, rather than through a lawsuit. It might not sound like a big deal when you're just starting a new job and don't see any legal disputes on the horizon.

What is meant by voluntary arbitration?

Voluntary Arbitration is arbitration by the agreement of parties. It is a binding adversarial dispute resolution process in which the disputing parties choose one or more arbitrators to hear their dispute and to render a final decision or award after an expedited hearing.

What is a consumer arbitration?

Most consumer arbitration agreements contain clauses that disallow arbitrationon a classwide basis. These clauses, which have the effect of preventing parties from seeking relief on a classwide basis in either court or arbitration, are commonly referred to as "class action waivers". ^{:873–74 :1745}.

What is the difference between an arbitrator and a mediator?

Arbitration is like the court process as parties still provide testimony and give evidence similar to a trial but it is usually less formal. In mediation, the process is a negotiation with the assistance of a neutral third party. The parties do not reach a resolution unless all sides agree.

What does arbitration mean in a lawsuit?

Arbitration is a method of alternative dispute resolution, used to settle disputes between two parties outside a court of law. Both parties agree on an independent third party, called an arbitrator, to hear their dispute and decide the outcome. In most instances, both sides are bound by the arbitrator's decision.