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ADR Question October 2010 Part C

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ADRQuestion October 2010 Part C

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Question DO What are the processes involved in

the arbitral proceedings conducted by the arbitrator/s?

(15 marks)

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

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

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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.

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O Then, holds a preliminary meeting to settle :

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

or papers-discovery and inspection of


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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.

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


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

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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.

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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.

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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.

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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.

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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.