Competence Of Arbitral Tribunal

We all have a blur image about who will decide on the competency of arbitrator on cases. Generally when cases come to arbitrator or arbitration institute the defense mainly raises the question on the competency of the arbitrator in deciding the matter. Section 16 of the Arbitration & Conciliation Act 1996 gives us answer for these most raised question. Arbitrator themselves have the right to decide on jurisdiction of the case.

Section 16 of Arbitration & Conciliation Act 1996 states that

• If parties even have arbitration clause in any agreement it would be treated as independent agreement and empowers tribunal to decide on it
• Even if any agreement is found to be null and void than also the arbitration clause in the agreement would be treated as valid agreement.
• Party can’t appeal on the jurisdiction of the tribunal after submitting the statement of defense at the same time we can’t Barr the party from raising such appeal as he had participated in the appointment of arbitrator or arbitration institute.
•   It’s only the arbitral tribunal which will decide whether they hold the jurisdiction to dispute or not in the case if any case comes to them for judgment.

 The main aim of arbitration & conciliation act 1996 was to provide hassle free litigation process, less ground for appealing. Section 16 is one of the section which empower it

3 Steps To Get Your Dispute Resolved At National Arbitral Tribunal

National Arbitral Tribunal is the place to get our dispute resolved in fast way. It’s just a 3 step process and parties get their dispute resolved within 4 months. Following process tell us how the case are being entertained in the arbitration tribunal

 1.Agreement – By Arbitration agreement National Arbitral Institute gets authority to commence an arbitration proceeding. There can be two cases:-  

                        

i). Future Dispute-  Parties can mention in the agreement through a clause or made a separate agreement that if they have any dispute they will refer to National Arbitral Tribunal. 

ii). Existing Agreement- Parties can come through mutual consent come to tribunal by making an agreement that they want their dispute to be resolved through National Arbitral Tribunal 

Even when the case is being going in any court, any of the party involved can file a application that they want to resolve their case through arbitration institute than the court will have to refer the case to arbitration institute. 

2. Proceeding- Once the case come to arbitration institute then commences the arbitration proceeding the claimant submits its statement of claim and respondent is given time to submit statement of defence. Each party is being given equal & reasonable opportunity to present their case. It’s a flexible process as the parties can demand time and date according to their preference. Even the parties involved can select the language in which they want to conduct their proceedings. The parties can themselves represent their cases or can appoint a lawyer or someone as arbitration lawyer to represent their case

3.Judgement/ Award- Final step is judgement or award by the arbitrator on the basis of claims and defense by the parties .The award are given in same manner as given by any civil court and are enforceable in the same way. Award is binding upon both parties. The best part of judgement given by arbitration tribunal is there is narrow scope of appealing against judgment/ award passed by arbitrator

       The main motto behind setting arbitration institute is to make proceeding fast, economic, confidential, flexible, the parties are given full opportunity to represent themselves in any language they want and the judgement passed are by the former judges of the court. We can conclude that it’s a law with many benefits. The only drawback with this law is unawareness among the masses, most have blurred picture of arbitration in their mind and we are not able to take advantage of arbitration institute.

CA Can Also Act As Arbitration Lawyer

To speed up the economic activities in India and settle industrial dispute in less time so that it does not affect the business of parties involved have given rise to arbitration & conciliation act 1996.

Prior to it, in solving the commercial cases through arbitration, court intervention was required at all the three stages prior reference of dispute to arbitral tribunal, during the proceeding, after the award passed by tribunal, rather than making judgement quick it used to increase the proceeding.

To overcome all these Arbitration & Conciliation Act 1996 was passed. Essence of the act lies in following:

Ø  It made act more responsive

Ø    Minimize supervisory role of court in arbitral process

Ø   It also provided that every final arbitral tribunal award is enforced in same manner as if it were decree of court.

Ø  Narrow down the scope of appealing/challenging the award.

New act also opened the gate for professional like ca , cs to act as arbitration lawyer and help their companies to get speedy judgement. CA / CS hold key position in the industries all the agreements or contracts the company makes seeks their assistance for drafting, verifying the clauses in these documents.

To avoid long litigation process in case of breach of contract, taking property on lease, recovery of payment, patent, copyright or any other civil matter, parties can mention arbitration clause at the time of agreement, that if any party don’t perform their role than the matter will subject to arbitration institute to resolve the matter.

Advantages of resolving dispute through arbitration institute are its relatively simple, economic, quick judgement & even privacy can be maintained. These institute work on the rules laid down by them and judgements are given by former judges.

The only drawback of these arbitration institute’s is that people are not aware about it and have doubts in their mind about the cost involved and validity of judgement but the reality is parties have the idea of cost involved in the case the day they approach and the awards given by such institute are enforceable in the same manner as those given by any civil court.

CA and other professionals can use this  alternative dispute resolution method to help their companies in easy going of their business and protect themselves from all disputes and waste of their resources 

Know more about NAT

What is Arbitration?

Arbitration is alternative dispute resolution method which allow all class people easy access to justice and allow to reduce misunderstanding among themselves & explore new areas of resolution

What is NAT & Under which act does NAT work?

National Arbitral Tribunal is established under section 2(1)(A) & 2(1)(D) of Arbitration And Conciliation Act 1996 as a Permanent Arbitration institute to provide easy access to justice to all.

Mission of establishing NAT

To make litigation free society through speedy redressal to the dispute.

Who give judgement at NAT?
Arbitrator Panel consist of former High Court Judges and the Award given by the arbitrators has same effect as those passed by any Civil Court 

Are the award given at NAT are valid?

Awards given by arbitration institute have same value as those passed by any other court and judgement are enforceable under code of civil procedure 1908, (5 of 1908) in the same manner as if it were passed by any other court.

In order to promote ADR in India ALL INDIA JUDGE ASSOCIATION  "All the cases will come before court only when efforts fail to dispose them off by ADR Mechanism.

To know more about Arbitration you can join us or send your queries.

Arbitration- A Way To Sukh, Shanti Or Samridhi

There are many laws prevailing in our country but Arbitration is only one law which give us Sukh Samridhi & Shanti. Arbitration is a act which empower itself in many ways.

When we give our property on rent we have a doubt in our mind that we will get it back or not on agreed date and what to do if the tenant is not following the agreed terms mentioned by us. 

Arbitration is simple solution for these problems we can have our agreement through the national arbitral tribunal, and tribunal will pass the settlement award in presence of landlord and tenant and both are aware of the terms and condition. The award passed by tribunal has the same effect as passed by any other civil court.

Hence ensuring sukh that landlord will get his property back, and tenant that he would not be forced on any grounds before the tenure to vacant the land if he will follow all the condition in the contract.

Shanti – if the tenant didn’t vacant your land on the decided time you don’t have to go through the long litigation process the award passed through tribunal is enforceable as those passed in any other court, and vice versa tenant can also use the same award if he is forced to vacant the house before

Samridhi – sukh shanti will leads to samridhi as the parties have good relationand tension free life. Landlord can give his land again on rent as per market rents and simultaneously keep his land safe.

Hence we can say that it is the best way to get our property secured and give on rent. To know more about arbitration you can join us.

Say Bye To Litigation And Join Hands With Arbitration

Disputes are inevitable, they were also there in the era of Mahabharata & Ramayana. Generally the three dispute resolution method  used are violence, avoidance & litigation. Violence leads to loss of life, property & resources. Avoidance kills relation & in litigation there are formalities, long procedures, cost, external involvement, control. Frustration with all these matters give rise to Alternate Dispute Resolution method.

People are unaware about the fact that their is a system which run in parallel to long litigation process known as Arbitration method. Arbitration was introduced with the aim that people get quick judgement & move the matter of civil nature towards arbitration tribunal so that they can get quick and speedy judgement at low cost and in short process.

Still people have confusion in their mind about arbitration about its judgement & due to busy schedule they didn’t even give time to learn about hat actually it is.

In brief arbitration is

Ø  Among first method of Alternative dispute redressal method.

Ø  Award given under arbitral tribunal have same effect as those passed by any other civil court.

Ø  Award are given on the matters at the time of agreement, even the matters pending in courts can seek redressal from Arbitral Tribunal

Ø  Judgment given here are by former justice who have expertise in the field and served their tenure of services providing such services

Ø  Arbitration is a forum where people from multi discipline can also work.

Pranab Mukherjee, President Of India has truly said- “only if alternative dispute resolution becomes an integral part of the Indian justice system will be able to truly safeguard the welfare of the common man in India.”

So  take initiative to learn know, learn and join us to get awareness about arbitration easy access to justice.