Q: Delineate the selection of arbitrator in Arbitration and Conciliation Act ?

Ans:  Arbitrator is appointed in arbitration by arbitration tribunal. 

The definition of Arbitration is given under Section 2(1)(a) of Arbitration and Conciliation Act,  1996. According to section 2(1)(a) of arbitration and conciliation act,  1996, arbitration” means any arbitration whether or not administered by permanent arbitral institution.

The ICA was established in 1965 as a specialized arbitral body at the national level under the initiatives of the Government of India and apex business organizations FICCI.

FICCI is Federation of Indian Chambers of Commerce & Industry. 

The main objective of ICA is to promote amicable, quick and inexpensive settlement of commercial disputes by means of arbitration, conciliation, regardless of location.  

Delhi Institute of International Arbitration is also a permanent arbitral institution. 




Comments

Post a Comment

Popular posts from this blog

Q: Elaborate the foreign award and explain the appeal in domestic award and foreign award ?

Ans:  There are two acts i.e., Arbitration Act, 1937 that finds its genesis from the Geneva Protocol, 1923 as well as Geneva Convention, 1927 and similarly, the foreign awards (Recognition and Enforcement) Act, 1961 finds its root in New York Convention, 1958. In accordance with Section 44 of the Arbitration and Conciliation Act, 1996, a foreign award is defined as, “an arbitral award on differences that are related to the matters which are deemed commercial under the Indian law”. The two requirements for an award to be a foreign award are, firstly, it should resolve the discrepancies which result from a commercial legal relationship or a relationship that is considered commercial under the Indian law. Secondly, the country that is issuing the award must be a country that has been designated by the Indian Government as a country in which the New York Convention is made applicable. Hence only such arbitral awards are considered and implemented as foreign arbitral...
Read more

Q: What is Res Sub Judice ?

Ans: Any such matter already referred to the arbitration can be entertained by the arbitral tribunal and cannot be referred to civil courts or any other court only if the subject matter is barred under section 8 and is not maintainable under the arbitration . Res Sub judice is a Latin maxim that translates as "under judgement." The rule of the sub judice is based on public policy, which forbids the plaintiff from filing two parallel claims on the same subject matter, limiting the possibilities of two courts issuing contradicting rulings. Section 10 of civil Procedure Code. 
Read more