Arbitration is a common type of alternative dispute resolution that many individuals and corporations utilise to settle differences rather than filing a lawsuit. At a hearing, an arbitrator evaluates the testimony and evidence offered by the disputed parties and resolves the disagreement by giving a ruling that may include a monetary award. Consider an arbitrator to be a private judge employed by the disputing parties to settle their issue. If the arbitration is binding, the parties cannot seek judicial review of the judgement save in extremely restricted situations. The victorious party, on the other hand, may seek the assistance of a court in enforcing the arbitrator’s judgement.
An arbitrator, like a judge in court, serves as the decision-maker and’referee’ in an arbitration procedure. The arbitrator is bound by the rules established in the arbitration agreement between the parties. If he is a member of a specific arbitration organisation, such as the American Arbitration Association, he is also bound by its rules, which include a set of ethical requirements.
Arbitrators urge disputants to communicate with one another and try to reach an agreement before an official hearing. If a settlement is achieved, the arbitrator must write a settlement agreement that all parties must sign. If the arbitration matter proceeds to a full hearing, the arbitrator must write a judgement detailing the conclusions based on the facts given.
WHAT IS IT LIKE TO WORK AS AN ARBITRATOR?
Arbitrators meet with disputants and hold hearings in conference rooms or public places. The arbitrator must travel to the meeting location at the cost of the parties. Some companies, government organisations, and labour unions hire full-time salaried arbitrators who are provided with offices to work from when working on cases. If arbitrators are linked with a certain organisation, the conference rooms of that organisation are frequently utilised for discussions and hearings.
LEGAL BACKGROUND
Section 11 of the Act specifies the procedure for appointing an arbitrator or arbitrators. Unless the parties agree otherwise, any individual of any country may serve as an arbitrator. The preceding section also addresses the situation in which the parties fail to amicably choose an arbitrator. In such a case, the appointment shall be made, at the request of a party, by the Supreme Court or any person or institution designated by such Court in the case of international commercial arbitration, or by the High Court or any person or institution designated by such Court in the case of domestic arbitration.
IMPORTANT CASE LAWS
In ICICI Ltd. v. East Coast Boat Builders & Engineers Ltd., the parties chose two arbitrators, but they could not agree on the selection of the third arbitrator. The petitioner applied to the court for the appointment of the third arbitrator under Section 11 of the Act. The court granted the request and appointed a third arbitrator.
CONCLUSION
Because of his specific understanding of the subject area at issue, the arbitrator should be chosen with care. He must be able to maintain the mood before the tribunal calm, be devoid of forensic eloquence, and ensure that the evidence is presented in the way typical in a court of law and equity. He must pay close attention to the facts in dispute, and his judgement must be realistic, unbiased, and in the best interests of justice, good conscience, and equity.
REFERENCES
- https://study.com/academy/lesson/arbitrator-definition-role-qualifications.html
- https://www.careerexplorer.com/careers/arbitrator/
- https://singhania.in/blog/selection-and-appointment-of-arbitrators-in-india
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