10/22/10

Arbitration (Arbitration Act 1940)

Appointment
Power of Parties
Power of Court
Proceedings
Award
Judgment on Award
Supersede
Alter
Modify
Rectify
Nullify


Advantages of Arbitration

Less Costly
Less Irritating
Less Publicity
More Simple Regards Procedure
Usually final with no Appeal

Who may refer for Arbitration

Karta or Manager
Authorized Agent
Attorney or Counsel
Trustee
Official Assignee or Receiver
Certified Guardian

Who can not refer for Arbitration


Minor or Lunatic
Insolvent
Partner without special Authority
Executer or Administrator for the Genuineness of Will

What may be referred for Arbitration

Private Rights - Subject matter of Civil Suits
Personal Rights - Subject matter of Civil Suits
Terms of Separation can be referred
Disputes regarding Compliment & Dignity
Weather Judgment has been obtained properly
Time Barred Claim
Both Question of Law & Question of Fact
Disputes between Insolvent and Creditors other then Insolvency Proceedings

What can not be referred for Arbitration

Suit for Divorce or Conjugal Rights
Dispute arising from Illegal Transaction
Insolvency Proceedings
Public Charities & Trusts
Lunacy Proceedings
Appointment of Guardian to a Minor
Validity of Will
Execution Proceedings
Matters of Criminal Nature

Duties of Arbitrator

Act Judicially
Observe 1st Principle of Justice
Fair to both parties
Not to act as an Advocate or Agent of any Party
Decide all matters referred
Discharge Function Personally
Not Exceed his Authority

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