ARBITRATION
ARBITRATION
AD-HOC ARBITRATION
INSTITUTIONAL ARBITRATION
Presented by:
Prashast Singh
Pratyush Sahu
Pratyush Haridwaj
Prateek Dhar Sharma
Prateek Kanchan
Pranav Pothan
Arbitration : An Introduction
Judicial means of resolving disputes.
Private method of settling disputes based on parties
agreement.
Objective of arbitration is to skip the lengthy litigation
process.
What can an Arbitrator do?
An Arbitrator is empowered only to resolve the issues submitted.
The scope of this ability is defined by the collective bargaining
agreement (CBA), the issue as defined by the parties, and law.
Composition of arbitration tribunal:
Arbitrators or Tribunal members are appointed by
Directly by disputing Parties
By existing tribunal members
By an external party
Arbitration vs. Alternate Dispute Resolution
Arbitration
Jurisdictional Process
Arbitrator gives the award
Award is final and binding
ADR
Non -Jurisdictional Process
Facilitates party interaction
Decision can be challenged
Arbitration Procedure:
Initiating the Arbitration
Appointment of Arbitrator
Preliminary Meeting
Statement of Claim and Response
Discovery and Inspection
Hearing
Legal Submissions
Award
Advantages Of Arbitration:
Final and Binding
Less formal than litigation
Less expensive than litigation
Faster than litigation
Hearing(s) are private
Awards are confidential
Parties Autonomy
International Recognition
Ad-Hoc Arbitration
Parties make their own arrangements for the selection of
arbitrators.
The parties are under discretion to choose :
designation of rules,
applicable law and procedures,
administrative support.
There is no review of the award by an arbitral institution.
Advantages of Ad-hoc Arbitration
Flexibility: Enabling the parties to decide the dispute
resolution procedure themselves.
Negotiate: The arbitrators' fees will be negotiated directly
between the parties and the arbitrators, allowing them the option
to negotiate.
Fees: Parties will only have to pay fees for the arbitrators,
lawyers or representatives and the costs incurred in conducting the
proceedings
Disadvantages Of Ad-hoc Arbitration
Arbitrator can be biased.
Its effectiveness is dependent on how willing the parties are to
agree on the arbitration procedures at a time when there may
already be a dispute.
The parties may not be able to negotiate a fee reduction as
arbitrators are the 'judges' and no party would wish to upset the
judge, particularly before the proceedings have even commenced.
Institutional Arbitration
Arbitrations conducted in accordance with the rules and
procedure of an arbitration institution.
An institution's panel of arbitrators will usually be made up of
experts from various regions of the world and include many
different vocations.
Each institution has its own set of rules which provide a
framework for the arbitration, and its own form of administration
to assist in the process.
Advantages of Institutional Arbitration
The availability of pre-established rules and procedures which
ensure the arbitration proceedings begin in a timely manner;
Administrative assistance from the institution
A list of qualified arbitrators to choose from;
Assistance in encouraging reluctant parties to proceed with
arbitration;
An established format.
The UNCITRAL Model Law (1985)
Standard Basis for arbitration Law in many countries.
Provides basic rule for all stages of the arbitration
process.
Aims at harmonizing and unifying national arbitration laws.
Example of Arbitral Institution:
International Chambers of Commerce
The London Court of International Arbitration
Dubai International Arbitration Centre
American Arbitration Association
Ad-hoc vs Institutional Arbitration
Ad hoc arbitration can be tailored to the specific needs of the
parties and the nature of the dispute.
Institutional arbitration gives the parties the benefit of using
a tried and tested process and a proven set of terms and conditions
to rely upon.
Arbitration institutions have the benefit of a professional
administration service which in theory ensures the smooth running
of the proceedings
Institutional arbitration offers more clarity on the issue of
costs
7/23/2014
White Industries v. India:
In 1989, White Industries, an Australian mining company, entered
into a long-term contract with Coal.India Limited (Coal India), a
State-owned Indian company.
Disputes relating to bonus and penalty payments as well as to
the quality of the extracted coal arose between Coal India and
White Industries, prompting the latter to commence arbitral
proceedings under the ICC Arbitration Rules in 1999.
7/23/2014
ICC AWARDS??
The ICC tribunal awarded A$4.08 million to White Industries in
May 2002.
Eventually stayed pending a decision in the set-aside
proceedings. After nearly 10 years in the Indian courts, these
proceedings were still pending before the Indian Supreme Court
India-Australia BIT protected White Industries rights under the
ICC Award as a continuation or transformation of the original
investment."
