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Claims in Arbitration &
How are they resolved?
Introduction of Arbitration.
What is Claims?
Claims in arbitration.
How the Arbitration Process Works and How
to resolved claims.
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.
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.
Claims in arbitration.
The various claims may arise from:
• a single contract
• several contracts or
• ex-contractual claims
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?
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.)
 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
For more visit Private court:
https://www.pvtcourt.com
This slide is created by:
 Akshat Srivastava
 Shankar Kumar
 Sudhanshu Ranjan Pandey
Claims in Arbitrations

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Claims in Arbitrations

  • 1. Claims in Arbitration & How are they resolved?
  • 2. Introduction of Arbitration. What is Claims? Claims in arbitration. How the Arbitration Process Works and How to resolved 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
  • 9. For more visit Private court: https://www.pvtcourt.com
  • 10. This slide is created by:  Akshat Srivastava  Shankar Kumar  Sudhanshu Ranjan Pandey