ALTERNATIVE DISPUTE RESOLUTION
- The alternative dispute resolution (ADR) system is more commonly called as Arbitration.
- A civil dispute arising out of contract may be submitted for arbitration.
The arbitration may be invoked in a civil dispute if there is a clause in the contract between or there has been a separate agreement to submit the dispute to arbitration.
- On application of a party showing an agreement, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration.
- The court may be the same court, which has jurisdiction to try the matter if there had been no Arbitration agreement between the parties.
- If the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily.
- On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate.
If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications shall be made therein. Otherwise and the application may be made in any circuit court.
APPOINTMENT OF ARBITRATORS
- If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed.
- In the absence thereof, any method of appointment of arbitrators agreed upon by the parties to the contract shall be followed.
- An arbitrator so appointed has all the powers of one specifically named in the agreement.
If the method of appointment of arbitrators is not specified in the agreement and cannot be agreed upon by the parties, the entire arbitration agreement shall terminate.
- The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than 5 days before the hearing.
- The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date.
- The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
- The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
- The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award.
If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy, unless otherwise provided in the agreement.
REPRESENTATION BY ATTORNEY
A party has the right to be represented by an attorney at any proceeding or hearing.
- The arbitrators may issue subpoenas(notice) for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths.
- On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
- All provisions of law compelling a person under subpoena to testify are applicable.
Fees for attendance as a witness shall be given.
- After hearing both the sides, witnesses and examining the evidences placed on record the arbitrators record the award.
- However it is required that the award shall be
- in writing and signed by the arbitrators joining in the award.
- made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party.
- Within the claims that have been asked for
Fees and expenses of arbitration
- Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including attorney's fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.