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Arbitration

Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...

arbitration

arbitration [Latin arbitratio, from arbitrari to judge, arbitrate, from arbiter onlooker, arbitrator] : the process of resolving a dispute (as between labor and management) or a grievance outside of the court system by presenting it to an impartial third party or panel for a decision that may or may not be binding compare mediation final offer arbitration : interest arbitration in which the arbitrator must accept or reject the final offer of any party and may not decide to compromise grievance arbitration : arbitration of a dispute over something in an existing collective bargaining agreement called also rights arbitration compare interest arbitration in this entry interest arbitration : arbitration of a dispute over the provisions to be entered in a new contract compare grievance arbitration in this entry rights arbitration : grievance arbitration in this entry ar·bi·tra·tion·al [Ä r-bə-trā-shə-nəl] adj ...

Stay proceedings to carry out Arbitration agree-ment

Stay proceedings to carry out Arbitration agree-ment, the legal position with respect to the scope and meaning of s. 34 of the Arbitration Act admits of little doubt, the language of this s. being quite plain. When a party to an arbitration agreement commences any legal proceedings against any other party to the said agreement with respect to the subject-matter thereof, then the other party is entitled to ask for such proceedings to be stayed so to enable the arbitration agreement to be carried out. It is, however to be clearly understood that the mere existence of an arbitration clause in an agreement does not by itself operate as a bar to a suit in the court. It does not by itself impose any obligation on the court to stay the suit or to give any opportunity to the defendant to consider the question of enforcing the arbitration agreement, State of Uttar Pradesh v. Janki Saran Kailash Chandra, AIR 1973 SC 2071 (2075): (1973) 2 SCC 96: (1974) 1 SCR 31....

International Commercial Arbitration

International Commercial Arbitration, the definition of 'international commercial arbitration' makes no distinction between international commercial arbitrations which take place in India or internalcommercial arbitrations which take place outside India, AIR 2002 SC 1432 (1439): (2002) 4 SCC 105. [Arbitration and Conciliation Act, 1996, s. 2(f)]International commercial arbitration means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, con-sidered as commercial under the law in force in India and where at least one of the parties is-(i) an individual who is a national of, or habitually resident in, any country other than India; or(ii) a body corporate which is incorporated in any country other than India; or(iii) a company or an association or a body of individuals whose central management and control is exercised in any country other than India; or(iv) the Government of a foreign country. [Arbitra-tion Act, 1996 (26 of 1996), s. 2(1) (...

Arbitration agreement

Arbitration agreement, means an agreement referred to in s. 7. [Arbitration and Conciliation Act, 1996 (26 of 1996), s. 2 (1) (b)]Means an agreement to submit to arbitration present or future disputes, whether they are contractual or not, Halsbury's Laws of England, Vol. 1(1), 4th Edn., Para 357, Note 1, p. 456....

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