STEPS IN ARBITRATION

Jag Mohan Lal

Add. DG (Retd.), CPWD
• 1. Existence of a Dispute

• 2. Intimation to the other

party about the request for
that dispute to be referred to
arbitration
3.(i) Appointment of Arbitrator as
per procedure laid down in
contract. Apply to competent
authority for appointment of
arbitrator. In case of more than
one arbitrator nominate your own
arbitrator and request other party
to nominate his arbitrator.
(ii) Two nominee arbitrators will
appoint the 3rd arbitrator.

(iii) If no response either from the

other party or his nominee
arbitrator, approach the Chief
Justice to appoint the arbitrator.
4. Arbitrator to make a
declaration under Section
12(i) of the A & C Act, 1996
5. (i) Arbitrator enters into
reference by writing a letter to
the Parties to hold 1st
preliminary hearing wherein
procedure to be followed,
arbitrator’s fee, dates for
submission of pleadings etc
5.(ii). He can also direct the
parties directly in the 1st
instance to submit the
pleadings by certain dates.
Arbitrator may enquire from
both parties if they would like
to resolve the dispute by
6. Statement of Claims (SOC),
Statement of Defence (SOD) and
Rejoinder are submitted by the
parties. Statement of
acceptance/denial of the
documents submitted by the
opposite party are received from
the parties.
7. Hearing is fixed to allow the
Parties to present their
respective case. Further
hearings may be fixed if
required preferably in
consultation with both the
parties.
8. Witness may be
produced if required by any
party.
9. Expert can also be
appointed by the Arbitrator,
if so required.
10. After both the parties
have been given sufficient
opportunity to present and
argue their case, the
hearing shall be concluded
11 Arbitrator shall make his award
on a non judicial stamp paper of
appropriate value and its copy
duly signed by Arbitrator given to
each party. In case of more than
one arbitrator, the judgement
given by the majority of the
Arbitrators shall prevail.
12. Either at the request of
any party or the Arbitrator
himself can correct, interpret
or give addl award under
the provisions of Section 33
of the Act.
13. Acceptance or challenging
of award under Section 34 of
the Act.

14. Filing of appeal under

Section 37 (I) and or 37(2) of
the Act.
15. Enforcement of the
award like a decree of the
Court
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