PPT on arbitration at Chinmay Tutorials Presented by CS Professional Students

1. • Presented By :
• Sonu Verma
• Anushree Khunteta
• Pooja Sharma
• Priyanshi Jain
• Ritu Yadav

3. ARBITRATION
Governed By The Act, 1996

4. OBJECT AND MEANING OF ARBITRATION
In the growing awareness, courts are getting over
burdened and are not in a position to bear the entire
burden of justice system due to which there is a
major problem like time consuming, huge expenses,
delayed results.
After considering all these problems many remedies
have been introduced such as arbitration, lokpal bill,
fast track courts etc.
The basic object behind arbitration is to obtain fair
resolution of disputes by an impartial tribunal.

5. ARBITRATION
•ARBITRATOR :
•The person who resolves the dispute by
reviewing the evidences in the case and
imposes decision that is legally binding on both
sides is called arbitrator.
•He is appointed by the parties by their mutual
consent and his appointment is not complete
till he has accepted the appointment.
It is an out of court legal
settlement in which a third
party is appointed (it may
be more than 1 but should
always be in odd number)
without referring the
matter to the court of law.
•APPOINTMENT :
•He could be of any nationality if he has not
appointed by mutual consent than he will be
appointed by chief justice.
OBLIGATION :
There are 2 obligations on
arbitrator i.e.
# To TREAT the parties with
equality, and
# To give full opportunity of
being heard to each party.

6. ARBITRAL AWARD
Writing
On
Stamp Paper
Name Of
Parties &
Arbitrator
Signed By
Members Of
Arbitral
Tribunal
Subject Of
Dispute
Dated
CONTENTS

8. Alternate Dispute Resolution is a
technique for the resolution of disputes
outside the courts.
ADR processes provide flexibility and
helps in saving valuable time and money
decisions can be taken fast without long
and continuous hearings.
ADR has gained popularity in business
environment and are increasingly being
used in commercial, family, civil and
labor disputes. Moreover many people
preferred this approach because they
found it more creative and more focused
on problem solving than litigation

9. LABOUR DISPUTE COMMERCIAL DISPUTE
FAMILY DISPUTE CIVIL DISPUTE
D
I
S
P
U
T
E
S

10. SECTION 7 : ARBITRATION
AGREEMENT
Binding on the parties
unless it is influenced
by fraud miss
representation etc
Agreement should be
in writing.
It should be signed by
the parties.
A/C To HINDUSTAN
PETROLEUM
CORPORATION LTD. V/S
M/S PINKCITY MIDWAY
PETROLEUM
SECTION 7 : ARBITRATION
AGREEMENT

11. ARBITRAL PROCEDURE
Determination Of Rules Of Arbitral Procedure :
Arbitral tribunal is not bounded to follow the procedure of code of civil 1908 and
Indian Evidence Act 1872.
Place :
Parties may agree on the place of arbitration any where In India.
Commencement :
It commence on the date on which request for that dispute which is to be referred
to arbitration is received by respondent.
Language :
Generally, language is English however it will be translated to the parties in the
desired language.
Statement of claims and defense :
Person who files claim is claimant and the person who files defense is respondent .
Where the claimant fails to present the case without any reason the proceeding
shall be terminated similarly where respondent fails to communicate his statement
proceedings shall be continued treating it has claimants charges.
Court Assistance :
With prior approval of arbitrators parties may apply to court in reaching to a
decision.
Reasons for award :
This act states that what should mention the reasons in support of determination
of award.

12. Correction & Interpretation : Award may be corrected by
tribunal within 30 days on account of clerical Typing or calculation
error from the date of receipt of award.
Setting Aside Of Award :Parties can approach to the court for
setting aside how ever application should be made with in 3
months from the date of award. In case of delayed application it
can be accepted provided parties must have valid reasons.
Grounds For Challenging The Award :
•In capacity of party
•In validity of agreement
• Proper procedure is not followed and against public policy.
Enforcement : If the time limit for making an application to set
aside the award is expired or rejected then the award shall be
enforced and parties will be binded by it.

14. Thank You
Presented By :
Sonu Verma
Anushree Khunteta
Pooja Sharma
Priyanshi Jain
Ritu Yadav