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Category: Arbitration Act

Revocation of the authority of Arbitrator

Revocation of the authority of Arbitrator

On what Ground authority of arbitrator can be revoke? Revocation of the authority of Arbitrator: It is natural principle of law that parties should be bound by that, what they have agreed to do. Once a proper arbitrator or umpire is appointed by parties, his authority cannot be revoked except in cases mentioned below. Provisions: Sec 5, 11, 12 and 15 of Arbitration Act 1940. Meaning of Arbitrator: A person or body officially appointed to resolve dispute. Def of Umpire:…

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powers and function of Arbitrators

powers and function of Arbitrators

Discuss in detail the powers and function of Arbitrators? Discuss in detail the powers of Arbitrators? Powers of Arbitrator: Arbitration Act design the idea of settlement of disputes through arbitrators. Arbitration is a process in which dispute is settled between the parties outside the Court. Arbitrator is a person who settles this dispute. He may be appointed by Parties or Court. There may be a sole arbitrator or panel of arbitrators, in case of panel of arbitrators, it is called…

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Modification of Award

Modification of Award

On what ground the court may modify the award? Discuss Modification of Award In submission to arbitration the general rule is that, parties choose their own arbitrator to be the judge in dispute between them. When some points are missed then court can modify the award made by arbitrator. Provision: Sec 15 of Arbitration Act, 1940. Meaning Modification: The change or alteration that introduces new element into the detail or cancel some of them, but leaves the general purpose &…

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Grounds for Setting Aside the award of Arbitrator

Grounds for Setting Aside the award of Arbitrator

Discuss the ground on which the arbitration award can be set aside? State grounds on which an award can be sit-aside? Grounds for Setting Aside the award of Arbitrator In submission to arbitration the general rule is that party choose their own arbitrator to be the judge in dispute b/w them. When award is filled in court to make it rule of court, then the court has to give notice of the same to all parties of award & may…

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Circumstances Under which Court Can Appoint Arbitrator

Circumstances Under which Court Can Appoint Arbitrator

Who appoint the arbitrator? How arbitrator is appointed? What is the procedure for appointing arbitrator? In what cases court can appoint the arbitrator? What are the ground in which court appoint the arbitrator?   Appointment of Arbitrator / Umpire Arbitration is a process in which dispute is settled between parties outside the Court. Arbitrator is a person who settles this dispute. He may be appointed by Parties or Court. There may be a sole arbitrator or panel of arbitrators, in…

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Arbitration Agreement and its Essentials

Arbitration Agreement and its Essentials

Define arbitration agreement. Discuss competency of suit during its existence? What are the essentials of arbitration agreement? What is the effect of death of one party to the arbitration agreement? Arbitration Agreement and its Essentials: It is the first step towards arbitration proceedings, it is the agreement between parties to settle their dispute by 3rd party i.e. arbitrator. By Arbitration Agreement we mean a written agreement to submit, present or future differences to arbitration. Whether arbitrator is named therein or…

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Aims and Object of Arbitration Act

Aims and Object of Arbitration Act

What are the aims and objective of Arbitration Act? Aims and Object of Arbitration Act: The law of arbitration is not new law in Pakistan. It was applied in British India through various regulations promulgated by Presidency Governments of Bombay, Madras and Bengal. Then in 1859, it emerged in the form of enactment known as Act VIII of 1859. The Arbitration Act comes into force in 1899. The same was based upon English Arbitration Act of 1899. 2. Meaning of…

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Appointment of Arbitrator

Appointment of Arbitrator

How the arbitrator is appointed? Who appoint the arbitrator? What is the procedure for appointing abitrator? What is the procedure for appointing the arbitrator? Appointment of Arbitrator: Arbitration is a process in which a dispute is settled between parties outside the Court. An Arbitrator is a person who settles the dispute. He may be appointed by Parties or Court. There may be a sole arbitrator or panel of arbitrators. In case of panel of arbitrators, it is called Arbitrator Tribunal. …

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