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.
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