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Kinds of Arbitration
Kinds of Arbitration
Depending on the terms of arbitration agreement, the subject matter of the dispute in
arbitration, and the laws governing such arbitrations, rbitrations can be classified into different
types, such as
Ad-hoc Arbitration: The Ad-hoc Arbitration is agreed to and arranged by the parties
themselves without recourse to an arbitral institution. It is to get the justice, in the balance of
the un-settled part of their dispute only. It may be either International or Domestic arbitration
Domestic arbitration: The Domestic arbitration means, an arbitration which takes place in
India, wherein parties are Indians and the dispute is decided in
International Arbitration: An Arbitration, which may take place either within India or outside
India but, where there are ingredients of foreign origin in relation to the parties, or the subject
matter of the dispute. In this process, the dispute is decided in accordance with substantive
law in India or any other country, depending on the contract in this regard and the rules of
conflict of laws are termed as International Arbitration.
Foreign Arbitration: When arbitration proceedings are conducted in a place outside India
and the Award is required to be enforced in India, it is termed as Foreign Arbitration.
Look –Sniff Arbitration: Institutions specialised in special types of disputes have their own
special rules to meet the specific requirements for the conduct of arbitration in their specialised
areas. Look –Sniff Arbitration is a hybrid arbitration, and also known as quality arbitration. It is
a combination of the arbitral process and expert opinion. On the bases of the evidence and
inspection of goods or commodities that are subject matter of the dispute placed before the
arbitrator, who is selected based on his specialised knowledge, expertise and experience in a
particular area of trade or business, the arbitrator decides the dispute and makes his award.
The award may relate to the quality or price of the goods or both. There is no formal hearing
for taking evidence or hearing oral submissions. For example, Rules of the London Court of
International Arbitration (LCIA) permit the arbitrator, on his own, to ascertain the quality of
goods and their prevalent price.
Flip –Flop Arbitration: This type of arbitration has its origin in a United States arbitration
case, which dealt with a baseball player. In such arbitration, the parties formulate their
respective cases beforehand. They then invite the arbitrator to choose one of the two. On the
evidences adduced by the parties, the arbitrator decides which submission is the correct
submission, and then makes an award in favour of that party. After both parties have submitted
their respective cases to the arbitrator, he makes an award either favoring the claimant of the
respondent. He cannot pick and choose from a party’s case. If a party inflates its claim, then
it is possible that it will everything. This type of arbitration is also known as ‘pendulum
arbitration’.
Thus, the above classifications of the process under different heads reflects that, the process
of arbitration is flexible enough so that, it can be altered and modified according to the dispute
to its best form, by the disputed parties. Thus, it is a fact that the above classification is not
exhaustive. The best method or the form of arbitration is to be chosen by the parties according
to their requirement, which can help them fulfill the objective of an amicable resolution of the
dispute for the betterment of all.