Skip to main content

WHAT IS THE PROCEDURE OF APPOINTMENT OF ARBITRATORS ?


WHAT IS THE PROCEDURE OF THE APPOINTMENT OF AN ARBITRATOR?


The appointment of arbitrators in India is governed by the Arbitration and Conciliation Act, 1996. The procedure for appointing arbitrators typically follows these steps:

  • 1-Agreement between Parties: The first step is to check the arbitration agreement between the parties involved in the dispute. Usually, the arbitration agreement will specify the number of arbitrators to be appointed and the method of their appointment. If the agreement provides specific names of arbitrators, the process may proceed accordingly.

  • 2-Appointment by the Parties: If the arbitration agreement allows the parties to appoint arbitrators directly, each party will select their respective arbitrator. The appointed arbitrators may then proceed to appoint the presiding arbitrator (if the agreement calls for a three-member tribunal) or act as sole arbitrators (if the agreement calls for a single arbitrator).

  • 3-Appointment by Designated Authority: In cases where the arbitration agreement does not provide a specific method for appointing arbitrators or if the parties fail to reach an agreement, either party may send a written request to a designated authority or institution. The designated authority depends on the type of arbitration:
    a. For Domestic Arbitration: If the arbitration is domestic (i.e., both parties are Indian or the place of arbitration is in India), the application for appointment is made to the Chief Justice of the relevant High Court or any person or institution designated by the Chief Justice.
    b. For International Commercial Arbitration: If the arbitration is international (i.e., at least one party is foreign or the place of arbitration is outside India), the application for appointment is made to the Chief Justice of the relevant High Court or any person or institution designated by the Chief Justice.

  • 4-Qualifications and Impartiality: The designated authority will consider the qualifications and impartiality of the arbitrators before making the appointments. They may also consider any qualifications or characteristics required by the arbitration agreement or applicable laws.

  • 5-Challenge to Appointment: After the appointment, if a party believes that the appointed arbitrator does not meet the qualifications or is not impartial, they may challenge the appointment within the time limit specified under the Act or the institutional rules governing the arbitration.

  • 6-Institutional Arbitration: In some cases, parties may choose to refer their disputes to arbitration institutions (e.g., Indian Council of Arbitration, International Chamber of Commerce) that have their own rules for appointing arbitrators. In such cases, the institutional rules will govern the appointment process.

It is crucial to carefully follow the procedures laid down in the arbitration agreement or the relevant laws to ensure the proper appointment of arbitrators and the smooth progression of the arbitration process in India.

DR.ANUPAM KUMAR MISHRA 

PH.NO-9051112233

MAIL ID-lexisandcompany@gmail.com

LEXIS AND COMPANY LAW FIRM  
Labels:

Comments

Post a Comment

Popular posts from this blog

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous professional conduct expected
Post a Comment
Read more

Physical Internship & Training Program - Legal (LEVEL - 1)

   Physical Internship & Training Program - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS/CS STUDENTS/ FRESHER LAW GRADUATES/ FRESHER CS. Position: Physical Internship & Training Program - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS for the position of Physical Internship & Training Program - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS who wants to learn as a beginner. Desired Qualification: Any additional qualification  will be pre
Post a Comment
Read more

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and instruct
Post a Comment
Read more