WHO IS AN ARBITRATOR?

Arbitration is a common type of alternative dispute resolution that many individuals and corporations utilise to settle differences rather than filing a lawsuit. At a hearing, an arbitrator evaluates the testimony and evidence offered by the disputed parties and resolves the disagreement by giving a ruling that may include a monetary award. Consider an arbitrator to be a private judge employed by the disputing parties to settle their issue. If the arbitration is binding, the parties cannot seek judicial review of the judgement save in extremely restricted situations. The victorious party, on the other hand, may seek the assistance of a court in enforcing the arbitrator’s judgement.

An arbitrator, like a judge in court, serves as the decision-maker and’referee’ in an arbitration procedure. The arbitrator is bound by the rules established in the arbitration agreement between the parties. If he is a member of a specific arbitration organisation, such as the American Arbitration Association, he is also bound by its rules, which include a set of ethical requirements.

Arbitrators urge disputants to communicate with one another and try to reach an agreement before an official hearing. If a settlement is achieved, the arbitrator must write a settlement agreement that all parties must sign. If the arbitration matter proceeds to a full hearing, the arbitrator must write a judgement detailing the conclusions based on the facts given. 

WHAT IS IT LIKE TO WORK AS AN ARBITRATOR? 

Arbitrators meet with disputants and hold hearings in conference rooms or public places. The arbitrator must travel to the meeting location at the cost of the parties. Some companies, government organisations, and labour unions hire full-time salaried arbitrators who are provided with offices to work from when working on cases. If arbitrators are linked with a certain organisation, the conference rooms of that organisation are frequently utilised for discussions and hearings.

LEGAL BACKGROUND

Section 11 of the Act specifies the procedure for appointing an arbitrator or arbitrators. Unless the parties agree otherwise, any individual of any country may serve as an arbitrator. The preceding section also addresses the situation in which the parties fail to amicably choose an arbitrator. In such a case, the appointment shall be made, at the request of a party, by the Supreme Court or any person or institution designated by such Court in the case of international commercial arbitration, or by the High Court or any person or institution designated by such Court in the case of domestic arbitration.

IMPORTANT CASE LAWS

In ICICI Ltd. v. East Coast Boat Builders & Engineers Ltd., the parties chose two arbitrators, but they could not agree on the selection of the third arbitrator. The petitioner applied to the court for the appointment of the third arbitrator under Section 11 of the Act. The court granted the request and appointed a third arbitrator.

CONCLUSION

Because of his specific understanding of the subject area at issue, the arbitrator should be chosen with care. He must be able to maintain the mood before the tribunal calm, be devoid of forensic eloquence, and ensure that the evidence is presented in the way typical in a court of law and equity. He must pay close attention to the facts in dispute, and his judgement must be realistic, unbiased, and in the best interests of justice, good conscience, and equity.

REFERENCES

  1. https://study.com/academy/lesson/arbitrator-definition-role-qualifications.html
  2. https://www.careerexplorer.com/careers/arbitrator/
  3. https://singhania.in/blog/selection-and-appointment-of-arbitrators-in-india

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.