Arbitration Definition It is a method of settling the disputes and differences between two or more parties whereby they appoint one or more persons to adjudicate upon the said disputes and differences that have arisen or that may hereafter arise and agree to abide by the decision of the said one or more persons nominated for the purpose of adjudication or an arbitration is the reference of a dispute or difference between not less than two parties for determination after hearing both sides in a judicial manner, by a person or persons other than court of competent jurisdiction.( Halsbury) Thus the arbitration aims at the establishment of a domestic tribunal by the parties to adjudicate upon the disputes and differences and the Arbitration Act, 1940, helps the parties to enforce that decision.Advantages Experts with integrity appointed as arbitrators. Decisions will be fair and refined. Shorter time. Savings in cost. Time, date and place of meetings — convenient to a Privacy in hearing. The arbitrator can view the subject at any time. Finality of award.Arbitrator Joint arbitrator. Sole arbitrator.Power and duties wi it arbitration. in one month - an umpi in four months. To award wi To examine the person and witnesses. To seek the opinion of courts on law points. Enlargement of time. To decide the cost of reference and award. To correct the mistakes of clerical nature in the award. To decide ~ measurements and valuation of work. ‘To decide — withholding of the final certificate by the architect. To decide — determination of contract by the contractor. ‘The powers of the arbitrators come to an end after theQualifications of the arbitrator An expert in the branch of arbitration. Honest, disinterested and independent of the parties. No bias mind. Cannot be a witness and an arbitrator in the same dispute.rator or umpire by the court for misconduct, fraud and by mutual consent of the parties.Cost of arbitrationUmpire in arbitrationAward . With the four months ( 2 months for an umpire ) or within the enlarged time limit. . In writing — no specific form.Typical award (1) WE DO HEREBY AWARD that the plaintiffs do pay to the Defendants a sum of Rs. (Rupees). (2) WE DO HEREBY FURTHER AWARD that the plaintiffs to pay to the Defendants interest at the rate % (per cent) per annum o the amount of Rs./- (Rupees) from the day of 19 till the date of payment. (3) WE DO HEREBY FURTHER AWARD that the Plaintiffs do bear and pay to the Defendants a sum of Rs. /- (Rupees) being the amount of the Defendants’ cost of the Arbitration proceedings. (4) WE DO HEREBY FURTHER AWARD that the Plaintiffs do bear and pay its own cost of the Arbitration proceedings. (5) WE DO HEREBY LASTLY AWARD that the Plaintiffs do bear and pay sum of Rs. /- (Rupees) as the Arbitrators’ fees and costs.Filing of an Award A solicitor is usually appointed by the arbitrators to do the work of filing of the award in the Court on their behalf. The award is required to be filed in a sealed cover containing the following:- 1) Award in original or a signed copy thereof. 2) Depositions and documents produced and proved before them. 3) Acopy of notice about the award. 4) Affidavit about the service of the notice of award and about the attestation of their signatures, 5) Opinion pronounced by the court on a special case submitted by the arbitrator or the umpire. The above papers are required to be submitted with a forwarding letter addressed to the registrar with a request for filing of the award in the court. In addition to the above, the arbitrators or the umpire have to file another affidavit in the court along with the award setting — 1) The date on which the award was signed. 2) All depositions and documents proved before them have been forwarded to the court along with the award. No documents which came in possession during the course of arbitration proceedings have been retained with them.CASE STUDY -1 JOINT ARBITRATION Work : Cathedral at Kohima, Nagaland Before the authority of : Ar. $.K.Chopra Arbitrator Flat No.9, Shankar Market Connaught Circus New Delhi - 110 004 Prof. A. Mohammed Haris DEAN Faculty of Architecture and Planning Anna University Chennai - 600 025IN THE MATTER OF ARBITRATION BETWEEN les Pvt. Ltd. Claimants E - 304, East of Kailash New Delhi - 110 065 The Bishop of Nagaland Respondents Dimapur — 767 112 NagalandCASE STUDY - Il SOLE ARBITRATION Work : Projects of TANTEA at Nilgiris Before the authority of : Prof. A. Mohammed Haris Sole Arbitrator DEAN Faculty of Architecture and Planning Anna University Chennai — 600 025IN THE MATTER OF SOLE ARBITRATION BETWEEN MUKESH & ASSOCIATES Claimants (Architects & Engineers) SALEM Versus TAMILNADU TEA PLANTATION Respondents CORPORATION LIMITED