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LAW 200Section 03
Faculty: Arafat Hosen Khan (KAH)
PRESENTED BY:
1310179630 Naina Annushka
1310316030 Abdullah Al Noman
1310429630 Mohd. Rifatul Maksud
1310588030 Nawsin Hasan
What Is Arbitration
Arbitration,
“a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts”
Arbitration can be either
voluntary
mandatory
What Is ArbitrationArbitration is a proceeding in which a dispute is resolved by
an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final
and binding.
There are limited rights of review and appeal of arbitration awards.
WHERE Arbitration
• International commercial transactions
• Family/domestic disputes.
Why Arbitration
Speed
Cost
Efficiency
strict wage and hour
Expert Judgment
Confidentiality
Form of Agreement
Arbitration agreement maybe in the form of art arbitration
clause in a contract or as a separate agreement
Written or any sort of record of the agreement
Exchange of statement of claim and defense
Number of Arbitrators
Independent number of arbitrators
Failure to determine: then the tribunal should consist of
three arbitrators
Success leads to appointment of an even number of
arbitrators and they will jointly appoint additional arbitrator
Additional arbitrator will be the chairman of the tribunal
Can be of any nationality
Failure to appoint within 30 days then District judge will
make the appointment
Disqualification of Arbitrators
Has interest in the subject matter
Necessary witness of the disputed matter
Decision–making by panel of arbitrators
Made by the majority of all its arbitrator members.
However, questions of procedure may be decided by a
presiding arbitrator, if authorized by the parties or all
the members of the arbitral tribunal.
THANK
You!