Arbitral Tribunal Case Study

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Under the Arbitration and Conciliation Act 1996, both the court and the arbitral tribunal are given powers to order interim measures . Before or during arbitral proceeding or at any time after the making of the arbitral award but before it is enforced a party may apply to a court : 1) for the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings ; or 2) for an interim measure of protection in respect of any of the following matter :- a) the preservation, interim custody or sale of any goods which are the subject matter of the arbitration agreement; b) securing the amount in dispute in the arbitration; c) the detention, preservation or inspection of any property of thing which is the subject…show more content…
The court has the same powers for making orders as it has for the purpose of, and in relation to, any proceedings before it. The arbitrator also has power to order interim measures of protection. Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order a party to take any interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. The arbitral tribunal may require a party to provide appropriate security in connection with any such…show more content…
If however, 1) a party fails to appoint an arbitrator within 30 days from the receipt of a request to do so from the other party ; or 2) the two appointed arbitrators fail to agree on the third arbitrator within 30 days from the date of their appointment, the appointment is made by the chief justice (or any person or institution designated by him) upon request of a party. The chief justice (or an person or institution designated by him) also appoints a sole arbitrator upon a request by a party if the parties fail to agree on the arbitrator within 30 days from receipt of a request by one party from the other party to so agree . Appointment Of Arbitrators By Chief Justice The chief justice may make appropriate schemes for the appointment of arbitrators. The chief justice (or the person or institution designated by him), in appointing an arbitrator, must have due regard to:- (i) Any qualifications of the arbitrator required by the agreement of the parties ;
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