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
- 01
In writing
A contract, a clause within one, or a separate agreement.
- 02
Clear language
An unambiguous agreement to arbitrate, and its scope.
- 03
Competent parties
Each party must have the legal capacity to agree.
Points to settle
- 01
Choice and number of arbitrators
- 02
Seat of arbitration
- 03
Applicable law
- 04
Language of proceedings
- 05
Confidentiality
Why arbitrate
- 01
Efficiency
Often faster and cheaper than court.
- 02
Flexibility
More control over arbitrators and procedure.
- 03
Confidentiality
Proceedings typically stay private.
- 04
Expertise
Arbitrators who know the subject matter.