What is Arbitration and its back ground

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