What are the arbitration Rules?
Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence.
What are the three general principles under the Arbitration Act 1996?
The Arbitration Act is based on three guiding principles: Fairness – The aim of arbitration is to obtain a fair resolution of a dispute by an impartial tribunal. Party autonomy – Parties are free to decide how their dispute may be resolved, with any necessary safeguards for public safety.
Can arbitration order be challenged?
The Apex Court also held that it is settled law that when an arbitral award is challenged under Section 34 of the Arbitration Act, no challenge can be made on the merits of the arbitral award. The Supreme Court relied on the judgement in MMTC Ltd.
What is the general process of arbitration?
The parties and arbitrators meet in person to conduct the hearing in which the parties present arguments and evidence in support of their respective cases. After the conclusion of the hearing, the arbitrators deliberate the facts of the case and render a written decision called an award.
What are the 3 legal requirements for arbitrators?
(a) The submission, or contract to arbitrate; the appointment of the arbitrator or arbitrators; and each written extension of the time, if any, within which to make the award. (b) A verified of the award.
How long does an arbitrator have to make a decision?
Under AAMS rules, the arbitrator must make a decision within 30 calendar days of the close of the hearing. The award is sent to the AAMS office for forwarding to the parties. Both the parties and the arbitrator are then asked to complete written evaluation forms.
How do you challenge an arbitration agreement?
Under federal and state laws, there are only a few ways to challenge an arbitrator’s award. The Federal Arbitration Act (“FAA”) and some state laws provide the reasons why an award can be vacated (thrown out), modified (changed), or corrected. Those reasons are very limited in general.
What happens if you refuse arbitration?
Refusing to participate in an arbitration will not prevent an arbitration award against that party once it has agreed to arbitrate. Given courts’ great deference to arbitration awards, it is essential for a respondent to present its defense on the merits during the arbitration.
What are the requirements of a valid arbitration agreement?
First, any valid arbitration agreement must reflect the conscious, mutual and free will of the parties to resort to arbitration and not to other means of dispute resolution, including State courts. The consent of both parties to submit their dispute to arbitration is the cornerstone of arbitration.
How does arbitration work in Kenya?
The tribunal decides the matter either as a preliminary question or in an arbitration award on the merits. Any party aggrieved by the ruling can apply to the High Court within 30 days to decide the matter. The High Court’s decision is final and not capable of appeal.
Who makes the final decision in arbitration?
the arbitrator
The arbitrator’s final decision on the case is called the “award.” This is like a judge’s or jury’s decision in a court case. Once the arbitrator decides that all of the parties’ evidence and arguments have been presented, the arbitrator will close the hearings.
What are the disqualifications of an arbitrator?
An arbitrator may be disqualified on the ground of incapacity, manifest lack of the qualities required by Article 8 of the Arbitration (Additional Facility) Rules or ineligibility for appointment under Article 7 of the Arbitration (Additional Facility) Rules (Articles 14 and 15(1) of the ICSID Arbitration (Additional …