GoConqr has a new look! Let us know what you think.

Mind map

What is Arbitration and its back ground

cathal otoole Engineering English

Map content

What is Arbitration and its back ground

  1. 1. Aid Resolution of Disputes

    • to avoid litigation
      • resolved different types of disputes
        • international commercial
          • contractual
          • consumer
          • domestic
            • sometimes employment
  2. 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
  3. 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
                              • Arbitrator is qualified in field
                                • OR
                                  • EXPERT APPOINTED IN THE RELEVANT FIELD
                                    • This is important
                                    • or body
  4. 4. ascertain agreement

    • examine parties
      • intention
      • objective meaning
      • substance of agreement
        • rather than wording
        • and contract
  5. 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
                                    • claimant may include deadline
                                      • but depends on circumstances of issue
                                      • claims must be clear
                                        • if not clear
                                          • respondent cannot respond

Information

Description
Engineering Mind Map on What is Arbitration and its back ground, created by cathal otoole on 04/28/2017.
Created by
cathal otoole
Views
0
History
  • Created by cathal otoole · Apr 28, 2017
  • Copied by cathal otoole · Apr 28, 2017
Rating

More on Arbitration

Feedback

What is it about?

What do you think of the new look?

How do you like it?