The grounds upon which a party can challenge the appointment of an arbitrator:
There is very little scope for judicial intervention in the arbitration process. Only interim measures can be claimed in the court n a dispute pending before the arbitration tribunal.
The arbitration tribunal can decide upon its own jurisdiction. Thus, if any party wants to challenge the jurisdiction of the arbitration tribunal, it can do so only before the tribunal itself. If the tribunal rejects the request, the parties can approach a court but only after the tribunal makes an award.
If the period for filing an appeal for setting aside an award of the arbitration tribunal is over, or if such an appeal is rejected, the award is binding on the parties and is considered as a decree of the civil court.
The party initiating conciliation should send a written invitation to the other party mentioning the subject matter of dispute. The other party has to make an acceptance in writing. If the other party rejects the offer to conciliate, there can be no conciliation.
After the appointment of the conciliator, he will make a request to both parties asking them to submit summary written statements describing the nature of the dispute and the specified points of issue. Each party is required to send a copy of the statement to the other party.
The conciliator has the discretion to call upon parties to submit a further written statement to support the grounds of facts of their case. He may also ask for further details and other documents as he thinks are required for speedy conciliation. He may call upon the parties to communicate orally or in writing. He can request parties to meet also. The parties may even submit their suggestions for the settlement of the dispute.
The conciliator is not bound by the rules of procedure but by rules of natural justice. He must be guided by the principle of objectivity, fairness, and justice, the right and obligation of the parties, the usage of the trade and the circumstances surrounding the dispute and previous practice between the parties. The conciliator has to assist the parties in an independent and impartial manner.
He is even authorized to make a proposal for settlement of dispute at any stage of the conciliation proceedings. When it appears to the conciliator that elements of settlement exist between the parties, he may draw up the terms of the settlement and send it to the parties for their acceptance. If both the parties sign the settlement document framed by the conciliator, it shall be final and binding on both.
An alternative to litigation, arbitration is a mechanism which ensures speedy resolution of contractual disputes. Governed by “The Arbitra
Overview: The procedure of resolving an argument by guiding people to an acceptable solution sans lengthy court proceedings comes under Alte