adr present

ADRQuestion October 2010 Part C

Question DO What are the processes involved in

the arbitral proceedings conducted by the arbitrator/s?

(15 marks)

O Firstly is to appoint an arbitrator or arbitrators. By three ways:

-by the parties-by the third party-by the court

Section 22O (1) parties free to agree on the seat

of arbitration

O (2) if failed to comply with (1), the arbitral tribunal will determine the seat of arbitration.

O Then, holds a preliminary meeting to settle :

-matters of procedure-dates of hearing-inspection of relevant properties

or papers-discovery and inspection of

documents-etc..

Section 23O unless otherwise agreed by the

parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request in writing for that dispute to be referred to arbitration is received by the respondent.

Section 21O (1) parties are free to agree on the

procedure.

O (2) failed to comply with (1), the arbitral tribunal will determine the procedure.

O Arbitrator may conduct the proceedings :

- in accordance with the arbitration agreement.

- decided by him if there is not stated.

- generally follow the procedure of an ordinary action in the courts.

Section 25O (1) within a period of time agreed by

parties, the claimant shall state his facts to support his claim, points at issue and the remedies he sought.

O (3) either party may amend the claim or defense during the course of arbitral proceeding if both of them agreed to it.

Section 26O (1) if both parties agreed, the

tribunal will decide whether to hold oral hearings or just on the basis of documents.

O Both parties shall be given prior notice of any hearing.

O (4) any documents, statements or any information submitted by one party shall be communicated to the other party.

Section 28O Expert may be appointed by the

arbitral tribunal.

Section 29O Parties may apply to High Court for

the assistance in taking evidence with the approval of the tribunal.

Section 20O Both parties shall be treated in

equality and be given a fair and reasonable oppurtunity of presenting that party’s case.

Section 24O Gives freedom to parties to choose

and agree on the language to be used in the arbitral proceedings.