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What is Arbitration and its back ground
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What is Arbitration and its back ground
1. Aid Resolution of Disputes
- to avoid litigation
- resolved different types of disputes
- international commercial
- contractual
- consumer
- domestic
- sometimes employment
- international commercial
- resolved different types of disputes
- to avoid litigation
2. the concept is
- parties in dispute
- agree to submit disagreements
- to independent neutral
- or neutral panel
- being the arbitrator
- Arb hears both sides
- arb has power to
- make binding award
- arb has power to
- Arb hears both sides
- being the arbitrator
- or neutral panel
- to independent neutral
- agree to submit disagreements
- parties in dispute
3. ACT 2010
- TO APPLY ACT
- MUST BE
- AGREEMENT IN EXSISTANCE
- BETWEEN PARTIES
- PROVIDE MECHANISM RESOLUTION
- WHO ENTER INTO CONRACT
- pARTIES
- INCLUDE A CLASE
- THAT DISPUTES
- PARTIES ARE OBLIGED
- REFER DISPUTE
- TO ARBITRATION
- CREATE
- PROCEDURAL
- AGREEMENT
- THAT RELATES TO ACT
- AGREEMENT
- Arbitrator is qualified in field
- OR
- EXPERT APPOINTED IN THE RELEVANT FIELD
- This is important
- or body
- EXPERT APPOINTED IN THE RELEVANT FIELD
- OR
- PROCEDURAL
- CREATE
- TO ARBITRATION
- REFER DISPUTE
- PARTIES ARE OBLIGED
- THAT DISPUTES
- INCLUDE A CLASE
- pARTIES
- WHO ENTER INTO CONRACT
- PROVIDE MECHANISM RESOLUTION
- BETWEEN PARTIES
- AGREEMENT IN EXSISTANCE
- MUST BE
- TO APPLY ACT
4. ascertain agreement
- examine parties
- intention
- objective meaning
- substance of agreement
- rather than wording
- and contract
- examine parties
What is a DISPUTE
- THERE MUST BE DISPUTE
- PARTIES CAN CHALLENGE THERE IS NO DISPUTE
- COLLINS CONTRACTOR
- V
- Baltic quay MAN LTD
- GOOD EXAMPLE
- JUSTICE CLARKE
- SET PRINCIPLES
- DISPUTE IS A DISAGREEMENT
- ONE SIDE
- MAKE CLAIM
- OTHER SIDE
- NOT ADMITTING
- scenarios
- reject
- not admitting
- avoid claim
- remain silent
- silence
- depend on nature of claim
- and contractual arrangement
- if claim is obvious
- + controversial
- silence
- only tolerated for short period
- but if party has an expert
- party will be allowed to remain silent for longer
- but if party has an expert
- only tolerated for short period
- silence
- + controversial
- claimant may include deadline
- but depends on circumstances of issue
- claims must be clear
- if not clear
- respondent cannot respond
- if not clear
- depend on nature of claim
- silence
- remain silent
- avoid claim
- not admitting
- reject
- scenarios
- NOT ADMITTING
- OTHER SIDE
- MAKE CLAIM
- ONE SIDE
- DISPUTE IS A DISAGREEMENT
- SET PRINCIPLES
- JUSTICE CLARKE
- V
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- Engineering Mind Map on What is Arbitration and its back ground, created by cathal otoole on 04/28/2017.
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- cathal otoole
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- Created by cathal otoole · Apr 28, 2017
- Copied by cathal otoole · Apr 28, 2017
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