ARBITRATION

PART -B
1. What are the powers and duties of arbitrators? Explain in detail?

POWERS OF ARBITRATORS :

*They have power to enlarge time frame for declaring the award.

*They have power to decide on cost of reference and the concerned party share in meeting the

costs.

*They have power to review the measurements and valuation of works.

*They can take a decision on holding of the final certificate by the architect.

*They can overturn the owners decision to determine the contract.

DUTIES OF ARBITRATORS

*They have to go through the arbitration agreement and give a hearing to the concerned parties.

*Inform the concerned parties the date of the preliminary meeting

*Conduct hearing proceedings with both parties to present their case with relevant

documents and witness, recording if needed.

*Extend time limit if needed with the consent of the parties.

*Inspect the works after hearing the proceeding, prepare draft award to be presented to the

parties.

*Award shall be published within 4 month from the date of reference

*File the award with the help of a solicitor in a court of law to enforce the award. The

award then becomes a decree, binding on both the parties.

*In case of joint arbitration by two arbitrators, they have to appoint an umpire within one

month from the date of reference.

2. Who is the umpire in an arbitration case?

UMPIRE :

An umpire is appointed when there is disagreement in the arbitrators views. The two arbitrators

representing the contesting parties appoint an umpire immediately within a months time after

the reference.

ROLE IN ARBITRATION UMPIRE PROCEEDING.

*The umpire will take a decision in the dispute in case there is difference of opinion between

the joint arbitrators.

*The decision of the umpire is final and binding on both the parties.

*The umpire will act on the reference if the arbitrators fail to announce the award within

time limit, or if the arbitrators notify the umpire that there was disagreement in their views.

3. What are the procedures for filling of the award in the court?

ARBITRATION WITHOUT INTERVENTION OF COURT :

When arbitration proceeding take place as per the agreement by the sole or joint arbitration,

the award given is final and binding on the parties and it is arbitration without intervention

of court. The award is filed in a court of law to obtain a decree which will be binding on

both parties.

ARBITRATION WITH INTERVENTION OF COURT WHEN NO SUIT IS PENDING:

*When the disputes arise, one of the concerned parties may approach the court with a prayer

for filling the agreement. The agreement becomes effective and becomes a rule of court.

*The court then makes a reference to an arbitrator or arbitrators who are mutually agreed by

the direction of court. This kind of arbitration is with intervention of a court when no suit is

Pending.

AWARD FILLING AN AWARD IN A COURT OF LAW :

The award becomes affective when it is filed in court of law. If anyone of the party is to

recover the amount awarded in his favor by the award, he will obtain a decree from the

court.
PART A
1. Define in detail about arbitration?

*Arbitration is a method of judging and settling disputes between two people or between

the two parties by a third person called arbitrator.

*Arbitrator is a person who is appointed by the parties in dispute by mutual agreement to

pronounce a judgment on the disputes and different between them.

2. What do you mean by sole arbitrator and joint arbitration?

SOLE ARBITRATION

In the event the two parties are not satisfied with the architects decision or any mater

thereof they have the option to seek the arbitration by a single arbitrator agreed by the both

the parties.

JOINT ARBITRATION .

*In case of disagreement as to the appointment of single arbitrator, two arbitrators may be

appointed.

*Each party will have the option to appoint one arbitrator to present their side.

*The arbitators in both the case shall be fellow members of Indian institute of architects,

appointed by the council of architecture.

3. What are the powers of an arbitrator?

Refer pg 01

4. Who is the revoking authority of arbitration?

5. What are the powers of a court in an arbitration case?

*When disputes arise in the contract, if one of the aggrieved party directly seeks court intervention and
brings a suit against the other party.

*The court the appoints arbitrators as agreed by the both the parties. Court issues order of reference to
the appointed arbitrators.

*Arbitration will take place under court's guidance and direction.

*To file a suit against someone is to start legal proceedings against them, and a decree isan official order,
decision or a judgment made by a court.

6. Explain briefly arbitration agreement?

Arbitration agreement is a written document between two parties to resolve any disputes

likely to arise using the service and the intervention of third person called arbitrator.

Objectives of arbitration

*To resolve disputes arising out of and in building contracts.

*To adhere to the rules laid down in the agreement by the concerned parties.

*To ensure that parties to the contract adhere to the time frame limits laid down by the

Arbitrators.

9. On what circumstance arbitration is necessary?

*Arbitration usually are highly experienced professional from architectural and

engineering fields. Their decision and judgment will be fair.

*Arbitration saves time and cost factors compared to restoring to court of law.

*Both the parties in disputes enjoy the privacy as hearing proceeding are private.

*Dates of hearing can be planned according to the convenience of all parties.