Practice 10 / 10

Arbitration

Arbitration Act 1940 · Act of 2011

Resolving disputes through impartial arbitrators instead of the courts, under the Arbitration Act, 1940 and the Recognition and Enforcement Act, 2011.

A valid agreement

  1. 01

    In writing

    A contract, a clause within one, or a separate agreement.

  2. 02

    Clear language

    An unambiguous agreement to arbitrate, and its scope.

  3. 03

    Competent parties

    Each party must have the legal capacity to agree.

Points to settle

  1. 01

    Choice and number of arbitrators

  2. 02

    Seat of arbitration

  3. 03

    Applicable law

  4. 04

    Language of proceedings

  5. 05

    Confidentiality

Why arbitrate

  1. 01

    Efficiency

    Often faster and cheaper than court.

  2. 02

    Flexibility

    More control over arbitrators and procedure.

  3. 03

    Confidentiality

    Proceedings typically stay private.

  4. 04

    Expertise

    Arbitrators who know the subject matter.

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