Arbitration Agreement: A Critical Analysis
- IJLLR Journal
- Jun 10, 2022
- 1 min read
Sangeeta Chakravarty, Galgotias University
ABSTRACT
Arbitration is a mode of dispute settlement outside the court, where the parties to the dispute refer the matter to a neutral third party. This mode is time saving, confidential as well as cost effective. Parties can choose Institutional or Adhoc mode of Arbitration. The neutral third party involved can be either a sole arbitrator or any odd number of arbitrators. When there are more than one arbitrators it is called Arbitration Tribunal. The arbitrators are usually people of expertise and familiar with the law in their field.
Section 7 of the Arbitration and Conciliation Act, 1996 , defines arbitration agreement. ‘Dispute’ is one of the pre-requisites of arbitration agreement. Arbitration proceedings cannot be initiated in the absence of a dispute and a valid arbitration clause. This paper seeks to study and analyse concept of ‘dispute’ as quintessential feature of arbitration agreement under section 7 and draw legal implications. This paper also seeks to study severability of arbitration clause from main agreement with the help of case laws. This paper follows doctrinal method of research to study and analyse law on arbitration agreemnents and draw legal implications.This paper is divided into two parts, part-I deals with dispute as an essential aspect of arbitration agreement and part-II analyses severability of arbitration clause from arbitration agreement.
Keywords : arbitration, dispute, arbitration clause, arbitrator, agreement, severability, etc..
Comentários