Comment on the following with reference to ratio in leading cases, if any: Pre-requisites of arbitration.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
Comment on the following with reference to ratio in leading cases, if any: Pre-requisites of arbitration.
Answer & Explanation:
Arbitration has been defined as a mode of settlement by referring a dispute to a tribunal of the parties' own choice without them having to resort to a court of law. Every arbitration must have the following three pre-requisites: a dispute between parties to an agreement, requiring a settlement; its submission for a settlement to a third person; and a decision by such third person according to his own judgement based on the facts and circumstances of the dispute, which is binding on both the parties. There should be a valid and binding agreement between the parties.
Topics: Arbitration and Conciliation Act
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