What are the steps in the arbitration process in India?

• Introduction. ...
• Preliminary issues. ...
• Outline and narrowing of issues in dispute. ...
• Hearing of evidence. ...
• Concluding arguments. ...
• Arbitration award.

How long does an arbitration take?

It usually takes several months for parties to do the necessary discovery and other work to prepare for an arbitration. The hearing itself will last anywhere from one day to a week or more. IS THE PROCESS CONFIDENTIAL? The proceedings are private and not open to the public.

What kind of cases go to arbitration?

Arbitrators hear various types of cases, from small disputes between neighbors to million-dollar business conflicts. Unlike mediation, which is less effective in cases where questions of law represent the key elements of the dispute, arbitration is often used for complex legal disputes.

What happens if one party refuses arbitration?

Section 4 of the Federal Arbitration Act (FAA) says “a party aggrieved by the alleged failure, neglect or refusal of another to arbitrate under a written agreement for arbitration may petition any U.S. district court ... for an order directing that such arbitration proceed in the manner provided for in such agreement.”

Can you go to court after arbitration in India?

If arbitration is ineffective and non-binding, any party or parties are at liberty to appeal this award without requiring any reasonable ground to appeal. But if the Arbitration is binding, then the party or the parties need a concrete reason to challenge the award in court, just as in the case of jury award.

Is arbitration a win win situation?

Where the goal of mediation is a “win-win” solution, arbitration results in a “win-lose” solution because one of the parties prevails just as would happen in a trial. Arbitrators decide on damage awards and, sometimes, on whether attorney's fees are warranted.

Are arbitration decisions final?

While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.

What to expect at an arbitration hearing?

During an arbitration “hearing,” the arbitrator will listen as the parties present evidence, may ask questions of the parties and their witnesses, and may schedule more time for a party to submit evidence that the arbitrator thinks is necessary to prove or disprove a claim.

How do you win an arbitration case?

What happens when a case goes to arbitration?

Judicial Arbitration is like a trial. But it is less formal and there is no jury. Each side presents its case to a “neutral” person, also called “arbitrator.” The arbitrator is either a lawyer or a retired judge, and does not take sides or give advice.

What are the disadvantages of arbitration?

Who pays the costs of arbitration?

Once the arbitrator has paid or is required to pay an expense, the parties must pay this amount and it is non-refundable.

How much does it cost to go through arbitration?

Arbitrator fees normally range from about $1000 per day (per diem) to $2000 per day, usually depending upon the arbitrator's experience and the geographic area in which he or she practices.

Can I still sue if I signed an arbitration agreement?

In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if you didn't understand your rights or your claims fall outside of the scope of the arbitration provision.

Who pays the cost of arbitration in India?

With the aforesaid observations, the Court finally concluded that in so far as institutional arbitrations are concerned, parties shall be bound by the respective rules of the institutions and the arbitrator's fee shall also be payable as per the rules applicable therein.

Is India arbitration friendly?

The courts in India have consistently adopted arbitration friendly approach.

What happens if you don't attend arbitration in India?

[1] The ICC Rules, Article 6(8) provides, “If any of the parties refuses or fails to take part in the arbitration or any stage thereof, the arbitration shall proceed notwithstanding such refusal or failure.” Similar provisions are also provided for in the LCIA Rules, Article 15.8; SIAC Rules, Rule 20.9; UNCITRAL Rules, ...

Is arbitration done by a judge?

In simple terms, arbitration is the out-of-court resolution of a disagreement between two commercial parties decided by an impartial third party, the arbitrator. By TV standards, arbitration may seem like the less-sexy cousin of litigation. No judge, no jury, no courtroom.

Does arbitration include a judge?

Arbitration is a binding or non-binding process where an arbitrator, rather than a judge or jury, applies the law to the facts of the case and issues an award.

Who files for arbitration?

A claimant initiates an arbitration by filing a statement of claim that specifies the relevant facts and remedies requested. A respondent responds to an arbitration claim by filing an answer that specifies the relevant facts and available defenses to the statement of claim.