PROFESSIONAL PRACTICE-II

ARCH-504

ELZA JOSEPH B Arch, FIIA,FIV

Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
 RESOLVING DISPUTES.
ARBITRATION/ ARBITRATOR/
NATURE OF ARBITRATION.

Professional Practice –ii –ARCH 504 : ELZA JOSEPH

 ARBITRATION

Arbitration Meaning - Arbitration is a process by which a

dispute between the parties is settled outside the court, by
a third person.
Definition: Arbitration is a non-judicial process for the
settlement of disputes where an independent third party -
an arbitrator - makes a decision that is binding. The process
of solving an argument between people by helping them to
agree to an acceptable solution.
Settlement of a dispute (whether of fact, law, or
procedure) between parties to a contract by a neutral third
party (the arbitrator) without resorting to court action. If
both sides agree to be bound by the arbitrator's decision.,

Professional Practice –ii –ARCH 504 : ELZA JOSEPH

Professional Practice –ii –ARCH 504 : ELZA JOSEPH
 An Arbitrator is a person to decide the dispute outside the Court.
He may be appointed either by the parties or by the Court.

Arbitral Tribunal: There may be a sole Arbitrator or a panel of

Arbitrators. Whether the Arbitrator is a sole person or a panel, it
is called ‘Arbitral Tribunal’.
The award given by the Arbitral Tribunal is equal to a decree of
a Civil Court. In most of the matters, the arbitrator / arbitral
tribunal resembles a Court, however it is not a Court.

The Arbitration and Conciliation Act, 1996 is based upon the

principle of disposing the dispute in a cost effective, quick and
fair manner. An Arbitrator deals with the matters of the dispute
concerning the Arbitration Agreement. The arbitration and the
office of the arbitrator flow from the Arbitration Agreement.

Professional Practice –ii –ARCH 504 : ELZA JOSEPH

Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
The parties to the dispute failed to agree on the Arbitrator within
thirty days form the request of the petitioner. In the case at hand (at
hand, § 11 (5), if it was invoked wherein the Hon’ble Apex Court
issued an order as follows –“Both the parties have filed panel of
names for appointment of arbitrator. Heard. Chairman, Arbitration
Tribunal, is appointed as sole arbitrator, send the reference to him”
Object and purpose of Section § 11 - “Section § 11 is an
insurance against failure of Arbitration agreement cause by failure or
refusal to appoint an Arbitrator in terms of the agreement.”. “The
scheme of Sec. § 11 specifically provides that if procedural part of
appointment of Arbitrator is not followed by the designated or agreed
authority, the arbitration clause would not be frustrated or defeated.
In this view of the matter that if the Chief Engineer fails to appoint an
Arbitrator, it would be inconsistent with the provision of Sec. § 11 (6)
(c) of the Act to say that the matter is not to be referred to Arbitration
at all. There is no substance in this contention raised by the learned
counsel for the Respondent that the matter is not required to be
referred to
Professional the Arbitrator.”
Practice –ii –ARCH 504 : ELZA JOSEPH
Professional Practice –ii –ARCH 504 : ELZA JOSEPH
 II. AN ARBITRATOR SHOULD DISCLOSE ANY INTEREST OR RELATIONSHIP LIKELY TO
AFFECT IMPARTIALITY OR WHICH MIGHT CREATE AN APPEARANCE OF PARTIALITY.
A. Persons who are requested to serve as arbitrators should, before accepting,
disclose, Any known direct or indirect financial or personal interest in the
outcome of the arbitration.
Any known existing or past financial, business, professional or personal
relationships which might reasonably affect impartiality or lack of independence
in the eyes of any of the parties. For example, prospective arbitrators should
disclose any such relationships which they personally have with any party or its
lawyer, with any co-arbitrator, or with any individual whom they have been told
will be a witness.
They should also disclose any such relationships involving their families or
household members or their current employers, partners, or professional or
business associates that can be ascertained by reasonable efforts.

The nature and extent of any prior knowledge they may have of the dispute; and
Any other matters, relationships, or interests which they are obligated to disclose
by the agreement of the parties, the rules or practices of an institution, or
applicable law regulating arbitrator disclosure.

Professional Practice –ii –ARCH 504 : ELZA JOSEPH