Arbitration

...................Arbitration............ Basic Information...

                                     

          

- Basically no format is required for arbitration agreement.

- Arbitration means any arbitration whether or not administered by permanent arbitral institution.

- Arbitration agreement means an agreement by the parties to submit  arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship , whether contractual or not.

-Arbitration agreement may be in the form an arbitration clause in contact or in the form of separate agreement.

- It shall be in writing.

- It shall be signed by the parties to agreement.

-  It contains exchange of letters , telex. , telegram or other telecommunication , exchange of statement of claim and defence .

- If arbitration agreement provide procedure for appointment of arbitrator then it shall be followed by parties.

-If parties to arbitration agreement for appointment of arbitrator is not followed by parties then Chief Justice of India or High Court or those court designated by chief justice or institution designated by him may appoint may arbitrator.

- Parties to agreement are free to determine the number of arbitrator. But such number shall not be even number.

- Appointment of arbitrator may be challenged.

- A parties to arbitration agreement are free to agree on the procedure to be followed while conducting arbitration proceeding.

- Arbitration Award may be challanged  before Principal Civil Court or Court of Small Causes within 3 months from award.

- Arbitration Award may be enforced under Code of Civil Procedure Code 1908 in same manner like degree of the court

- A civil Court have no jurisdiction to entertain dispute in respect of arbitration agreement but it have power to refer dispute to Arbitrator.

====== Relevant Provision ======

- Section 2 to 43 of The Arbitration and Conciliation Act 1996.

............ Relevant Judgement..................

- Greaves Cotton Ltd v/s United Machinery and Appliances A.I.R.2017 S.C.120.

- Mrs Hema Khattar & Anr v/s Shiv Khera A.I.R.2017 S.C.1793.

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