The document discusses arbitration as a form of alternative dispute resolution (ADR), highlighting the process by which parties can resolve disputes outside of court and the conditions for court involvement. It outlines the powers and duties of arbitrators, including their impartiality and authority to manage proceedings, as well as grounds for their removal. Additionally, it explains the court's powers to modify or correct an arbitrator's award in specific circumstances.

1. BUSINESS AND
CORPORATE LAW
PRESENTED BY:
MARYAM QAZI
HIBA SHAIKH
MAHGUL KHAN
VARDA SHAIKH
ARBITRATION

2. A R B I T R AT I O N
A form of alternative dispute resolution(ADR) is a
technique to settle disputes outside the court.
an agreement between two parties to submit their
dispute to arbitration by appointing arbitrator. This
agreement is also known as submission.
NOTE: A criminal matter, however, cannot be
referred to arbitration.

3. Following Conditions Should Be
Satisfied For Applying The Court:
However there are some exceptional cases in which
concerned parties referred to court, but there are
some conditions; these are :
• The applicant should be ready and willing to do all
things necessary for the proper conduct of the
arbitration. No excuses!
• If the matter isn’t solving according to the
arbitration agreement, the concerned parties may
go to court to settle their dispute.

4. APPOINTMENT OF AN ARBITRATION BY
COURT
the following cases essential for the appointment
of arbitrator by the court.
CASES:
1. When an arbitrator refuses to act, or is
incapable of acting, or dies, and the parties do
not fill the vacancies.
2. Where an arbitration provides for the
appointment of one or more arbitrator by
consent of the parties, and the parties do not
concur in the appointment, or where the parties
or the arbitrators are required to appoint an
umpire and then do not appoint him.

5. POWERS OF AN ARBITRATOR
1. To administer oath to the parties and
witnesses.
2. To state a special case for the opinion of the
court of any question of law involved.
3. To make the award conditional or in the
alternative.
4. To correct any clerical or accidental error in the
award.
5. To administer interrogatories to any party.
6. To make an interim award.

6. DUTIES OF AN ARBITRATOR
1. His decision is a final judgment for which there
is no appeal.
2. It is, therefore, very important that he should
be absolutely impartial.
3. If he is not interested in the subject matter of
the dispute or in the parties appearing before
him, he must disclose these facts to the other
parties before his acceptance to act as an
arbitrator.
4. He must act strictly within the scope of the
submission and should sign the agreement.

7. REMOVAL OF AN ARBITRATOR
Under section 11 of the arbitration Act, 1940,
the court may remove an arbitrator under the
following condition:
(a) it must be proved that the arbitrator is
guilty of improper delay in the conduct of
the arbitration or in making the
agreement.
(b) The court may remove an arbitrator who
has misconducted himself and the
proceedings. In this case, the court may
exercise its power by SUO MOTO without
an application.

8. POWER OF COURTS OVER AWARDS
BY ARBITRATOR
The court may modify or correct an award in the
following cases:
1. Power to Modify Award
a. When the decision is not conducted according
to the arbitration agreement b/w the concerned
parties, then the court has right to modify the
award.
b. When the award is imperfect or the decision is
unfair then the court has right to change the
decision.
c. Where the award contains a clerical mistake or
an error arising from an accidental slip or
omission.

9. THANK YOU SO
MUCH !