What happens if you ignore arbitration in India?
If any Party refuses or neglects to nominate an arbitrator within 15 days of the date of notice requiring him to nominate the arbitrator or within such extended time, the Registrar shall nominate the arbitrator on behalf of that Party from among the Panel of Arbitrators.
How do you prepare for an arbitration hearing?
Get Organized for Your Hearing Organize your testimony. You will be given time to tell your side of the story. Think carefully about what to tell the arbitrator(s) to support your argument. Put your ideas in writing before the hearing so that you can refer to them at the hearing.
How do you start arbitration process?
The arbitration process usually starts with the complaining party giving notice to the other about their intent to arbitrate a dispute. The notice includes the nature and basis for the proceeding. Following this notice the other party has a period of time to file a written response.
What should be included in arbitration agreement?
A mandatory arbitration agreement should identify the rules, procedures, and evidentiary guidelines to be applied. Many agreements opt for a particular forum’s rules and procedures. If there are any rules that the parties want to opt out of (e.g., a limitation on discovery), state as much in the arbitration agreement.
Where are arbitration proceedings conducted?
If arbitration is under the rules of an institution, it is generally conducted at the place where the institution is located, subject to agreement to the contrary. In international arbitrations, parties generally specify the place of arbitration in their arbitration agreement.
Can I refuse arbitration?
If arbitration is non-binding, you are free to either accept or reject the decision of the arbitrator. In binding arbitration, you are legally bound to the decision the arbitrator makes, even if you don’t like it.
Are counterclaims compulsory in arbitration?
A stay of the counterclaims is thus mandatory. A stay of the counterclaims better effects the policy behind arbitration.