Banerjee Rohit Sujit Ruby
Roll No. 7
Alternative Dispute Resolution
(1) The parties are free to determine the number of
arbitrators, provided that such number shall not be
an even number.
(2) Failing the determination referred to in sub-
section (1), the arbitral tribunal shall consist of a
sole arbitrator.
Section – 10 Number of Arbitrators
 A person of any nationality may be an arbitrator, unless
otherwise agreed by parties.
 In an arbitration with three arbitrators, each party shall appoint
one arbitrator, and the two appointed arbitrators shall appoint the
third arbitrator who shall act as the presiding arbitrator.
Section – 11 Appointment of Arbitrators
An Arbitrator may be challenged only if:
1. Circumstances exist that give rise to justifiable doubts as to his
independence or impartiality .
2. He does not possess the qualifications agreed to by the parties .
3. A party may challenge an arbitrator appointed by him, or in whose
appointment he has participated, only for reason which he becomes
aware after the appointment has been made.
Section – 12 Grounds For Challenge
The parties are free to agree on procedure for challenging an
arbitrator.
The party challenging the appointment of arbitrator shall send to
the arbitral tribunal a written statement of reasons within 15
days after becoming aware of the circumstances or after
becoming aware of the constitution of arbitral tribunal.
Section – 13 Challenge Procedure
THANK
YOU

ADR Presentation - Arbitral Tribunal.pptx

  • 1.
    Banerjee Rohit SujitRuby Roll No. 7 Alternative Dispute Resolution
  • 2.
    (1) The partiesare free to determine the number of arbitrators, provided that such number shall not be an even number. (2) Failing the determination referred to in sub- section (1), the arbitral tribunal shall consist of a sole arbitrator. Section – 10 Number of Arbitrators
  • 3.
     A personof any nationality may be an arbitrator, unless otherwise agreed by parties.  In an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator. Section – 11 Appointment of Arbitrators
  • 4.
    An Arbitrator maybe challenged only if: 1. Circumstances exist that give rise to justifiable doubts as to his independence or impartiality . 2. He does not possess the qualifications agreed to by the parties . 3. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reason which he becomes aware after the appointment has been made. Section – 12 Grounds For Challenge
  • 5.
    The parties arefree to agree on procedure for challenging an arbitrator. The party challenging the appointment of arbitrator shall send to the arbitral tribunal a written statement of reasons within 15 days after becoming aware of the circumstances or after becoming aware of the constitution of arbitral tribunal. Section – 13 Challenge Procedure
  • 6.