arbitration
s. ramesh
(Querist) 30 July 2008
This query is : Resolved
In an arbitration tribunal, whether the presiding arbitrator should be judicial officer, if the two arbitrators appointed by claimant and respondent are judicials officers ? any case laws...?
Guest
(Expert) 30 July 2008
It is obvious that he should be a judicial officer, if the other members are Judicial Officers. May be he may be retired Judge or some such recognised person.
Murali Krishna
(Expert) 30 July 2008
The name arbitration or arbitrator implies that it is an alternative dispute resolution mechanism. In arbitration, the arbitrator is choosen by the parties to resolve the dispute between them. That means, arbitrator is a private judge appointed by the parties. By this time you must be clear that any body can be an arbitrator. It need not be judicial person. Further, qualification of the arbitrator, procedure of conducting arbitration can also be decided by the parties.
In terms of A&C Act, there shall be odd number of arbitrators. As per Sec 11 (3), if each party appoints one arbitrator each, the two arbitrators shall appoint a presiding arbitrator. There is no prescription that judicial offiers are to be appointed as arbitrators or presiding arbitrators.
Every thing depends upon the arbitration agreement between the parties.
H. S. Thukral
(Expert) 30 July 2008
The two Arbitrator shall decide by consent, who is to preside over the Tribunal. If nothing is mentioned in the arbitration agreement any capable person can be chosen as Presiding Officer.
anantha krishna n.v. Advocate
(Expert) 30 July 2008
why case law??? sir, please read the bare act. your doubt would be clarified. There is no stipulation that an arbitrator or presiding arbitrator need to be a judicial officer.
Srinivas.B.S.S.T
(Expert) 31 July 2008
As my friends said the arbitrator is deemed to be a judicial officer and have the powers of civil court. Sans the interim relief powers. The award of the arbitrator is binding upon the parties.
mintu
(Expert) 31 July 2008
Arbitration and conciliation act 1996
section 11. Appointment of arbitrators. — (1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators. (3) Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator.
Perhaps your query has been satisfied seeing the sub-section 3 of section 11, A & C Act 1996.
No prequalification has been mentioned in A & C Act 1996 to be an arbitrator. But it is beneficial to appoint the arbitrator keeping in mind the nature of the disputes that has to be adjudicated.
