This document discusses arbitration and how claims are resolved through the arbitration process. It defines arbitration as a private dispute resolution process where parties agree to have their dispute decided by an independent arbitrator. Claims refer to arguments or evidence presented to support a position. In arbitration, claims can arise from single or multiple contracts, or non-contractual issues. The arbitration process involves filing a demand, selecting an arbitrator, preliminary hearings, exchanging information and evidence, a final hearing, post-hearing submissions, and a final award by the arbitrator to resolve the claims.
3. Arbitration
Arbitration is a consensual dispute resolution process based
on the parties' agreement to submit their disputes for
resolution to an arbitral tribunal usually composed, of one or
three independent arbitrators appointed by or on behalf of
the parties.
Arbitration is known for its bureaucratic elasticity , which
allows parties to engage in an efficient, confidential and fair
process leading to a final, binding and enforceable award.
4. What is claims?
A statement essentially arguable but used as a primary point to
support or prove an argument is called a claim.
If somebody gives an argument to support his position is
called making a claim.
Different reasons are usually presented to prove why a certain
point should be accepted as logical .
Claims are essentially the evidence that writers or speakers use
to prove their point.
For example:- A teenager who wants a new smart phone makes
the following claims: Every others In his/her class has a smart
phone.
5. Claims in arbitration.
The various claims may arise from:
• a single contract
• several contracts or
• ex-contractual claims
6. When an arbitration is commenced between two parties a
number of discrete questions can therefore arise:
(i) Which claims can be put forward by the claimant?
(ii) Which claims can be put forward by the respondent?
(iii)Can the claimant and the respondent subsequently add new
claims?
(iv)If separate proceedings are commenced between the same
parties (a second arbitration or litigation), can the two
proceedings be consolidated or otherwise harmonised?
7. How the Arbitration Process Works
Filing and Initiation: An arbitration case begins when one
party submits a Demand for Arbitration . The other party (the
respondent) is notified by the Arbitration institute and a
deadline is set for a response.
Arbitrator Selection: The Arbitration institute works with the
parties to identify and select an arbitration based on the
criteria determined by the parties.
Preliminary Hearing: The arbitrator conducts a preliminary
hearing with the parties, to discuss the issues in the case and
procedural matters, such as witnesses, depositions, sharing
information, and other matters.
(cont.)
8. Information Exchange and Preparation: The parties then
prepare for presentations and exchange information.
Hearings: At the hearing, both parties may
present testimony and evidence to the arbitrator. Unless the
case is very complex, this is usually the only hearing before
the arbitrator.
Post-Hearing Submissions: After the hearing, both parties
may present additional documentation, as allowed by the
arbitrator.
The Award: Finally, the arbitrator closes the record on the
case and issues a decision, including an award, if applicable