This article has been written by Mr. Suraj Singh, a 1st year. LLB (Hons.) student from Allahabad University.
Introduction:-
Arbitration is an alternative method provided for dispute resolution in civil matters. It is a way in which a dispute is decided by private individuals appointed and not the judicial officers appointed to the courts and tribunals of the country directly. These private individuals are called arbitrators, and they are quasi-judicial officers. However, all the matters cannot be decided by way of arbitration. Such matters involve matters related to crimes, matrimony, insolvency and winding up, guardianship, tenancy, testamentary matters, trusts, etc. This bifurcation is made by keeping in mind the kind of right affected, i.e., ‘right in rem’ or ‘right in personam’ and also the jurisdiction of special courts and the analysis of public policy. Arbitral tribunal” means a sole arbitrator or a panel of arbitrators. An arbitral tribunal is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include either a chairman or an umpire.
Article 16(3) of the Model Law qualifies the jurisdiction of the tribunal further by stipulating that:
The arbitral tribunal may rule on a plea (regarding the jurisdiction of the tribunal) either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the court specified in Article 6 to decide the matter, which decision shall be subject to no appeal; while such arequest is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.
Composition of Arbitral Tribunal
1-The number of arbitrators
2-Their appointment
3-Power of the Central Government to amend the schedule
4-Grounds on which the appointment of the arbitrator can be challenged
5-Procedure to challenge the appointment
6-Failure or impossibility on the part of the arbitrator to act
7-Termination of the mandate and substitution of the arbitrator
Powers of an arbitrator in India
Now, let’s discuss the powers provided to the arbitrator. The Arbitration and Conciliation Act, 1996 provides some powers to the arbitrator to assist him/her in delivering the award. These measures can be taken by the tribunal to facilitate the delivery of arbitral awards in the concerned dispute. These powers include the following provisions-
Conclusion
The dispute resolving system of arbitration is proving to be very handy in the domestic as well as international arenas as the delay caused by the conventional court procedure for the relief delivery system is a big problem and the third party justice delivery system is proving to be handy. Most of the matters of civil nature are now being dealt by the way of arbitration with the consent and the will of the parties, and this is helping to resolve the matters in a much more feasible manner.
Refrence
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