Mumbai University > CIVIL > Sem 7 > Quantity survey Estimation and valuation

Marks: 5 M

Year: May 2014

Arbitrary Tribunal

The foundation of the arbitration has been based on fairness and impartiality of the arbitral tribunal, the members of the said tribunal is not to have interest direct or indirect in the subject matter of dispute. Hence, before taking up the assignment if the members feel that certain members are likely to give justifiable doubts about their independence or impartiality, the same to be disclosed to the party in writing

1. If the appointed arbitrator is lacking in some qualification as per the agreement, the parties must be informed about it.
2. Seek assistance of the court in taking evidence if necessary.
3. Issue orders for interim measures of protection.
4. Arbitral Award to be of reasoned nature unless both the parties desire to have an unreasoned award.
5. To conduct the arbitration proceedings with equal treatment to both the parties, giving full opportunities, sufficient advance notice of hearings, order on inspection of document, goods or other property as also not disregarding the principles of natural justice.
6. Can call for deposit amount towards the cost of arbitral tribunal from both the parties in equal parts.