Arbitration law

Ans: A paralegal, also known as a legal assistant, or paralegal specialist is a professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with a license to practice law. The market for paralegals is broad, including consultancies, companies that have legal departments or that perform legislative and regulatory compliance activities in areas such as environment, labor, intellectual property, zoning, and tax. Paralegals play a significant role in the legal processes and they are known as the fourth arm of the legal profession. However, it has the necessary qualification and performs substantive legal work that requires the knowledge of legal procedures. But paralegals in India are not qualified solicitor, barrister, or chartered legal executives. A paralegal essentially works in a legal environment, but they do not furnish legal services to people. Paralegal meaning can be understood simply by understanding as a person who can per...

Ans : A paralegal, also known as a legal assistant, or paralegal specialist is a professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with a license to practice law. The market for paralegals is broad, including consultancies, companies that have legal departments or that perform legislative and regulatory compliance activities in areas such as environment, labor, intellectual property, zoning, and tax. 

Ans: DIAC i.e., Delhi International Arbitration Centre is the centre to appoint arbitrators for international commercial dispute. 

Ans: Section  63. Number of conciliators. 1.   There shall be one conciliator unless the parties agree that there shall be two or three conciliators. 2.   Where there is more than one conciliator, they ought, as a general rule, to act jointly.

Ans: While it is possible for a party to a dispute to appoint a sole arbitrator, there must be an agreement between the parties to do so and the procedure prescribed by it must be followed. Thus, a party cannot appoint a sole arbitrator and impose the appointment on the other party if the agreed procedure is not followed.  Each party shall appoint one arbitrator . The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator. Thus, there must be minimum 3 arbitrators in arbitration tribunal. 

Ans: Section 11 does not have any impediment to the challenging of an appointment made under it due to the removal of Clause 7. Hence, a party may initiate proceedings to challenge such an appointment in the court. Further, the grounds for challenging the appointment of an arbitrator are laid down in Section 12 of the Act.  PMS:  Impedient: बाधा

Ans: Earlier, the order of appointment under Section 11 was considered as a judicial one and not administrative. It was also upheld as judicial in nature in the case of S.B.P. & Co. v. Patel Engineering Ltd, (2005). With the 2019 Amendment Act, the order of appointment of arbitrators has become an administrative one due to the institutionalisation of arbitration. 

Ans:  An arbitration is not defined in arbitration act , 1940 but it is defined under arbitration and conciliation act, 1996.  An arbitration is a process of determination of disputes by the decision of one or more persons called the arbitrator.  A person who is appointed either by the parties or by the court to settle the dispute or matter is called an arbitrator.  So, the dispute is settled by the decision or judgement of two or more arbitrators in arbitration.  Many Jurists like Wharton, Haisbury, Mozley and Whiteley gave the definition of Arbitration . According to wharton, an arbitration is the settlement of disputes or the case of differences by the judgement of one or more persons known as an umpire or arbitrators.  Halsbury, Mozley and Whiteley and Wharton all gave similar definitions of Arbitration but Wharton mentioned the arbitrator similar to umpire.  Conciliation is a alternate dispute resolution method in which an expert will be appointed...