i) Origin and development of arbitration law ii) Sources of arbitration law iii) The requirements for arbitration iv) The law governing arbitration v) Role of courts in arbitration vi) Consideration of Arbitration Act 1995 vii) International Arbitration (The Model Law) The origin and development of arbitration law in Kenya Arbitration in Kenya was first provided for by statute through the Arbitration Ordinance of 1914. The ordinance was based on the English Arbitration Act of 1889. The ordinance
so-called ‘globalization of the law’. However, the resolution of these conflicts is imperative which is made possible in the legal arena through methods of Litigation, Arbitration and Mediation. It is important to comprehend and distinguish the subtle nuances of these independent processes. The dilemma of balancing efficient International dispute resolutions and the
contrast with arbitration where the neutral's judgment controls and the morality guarantee is the neutral's commitment to study facts and law and generate a fair result.)
investment laws have a different concept of investment. There is no particular definition of ‘investment’ as it has been defined in different ways under different treaties. Under NAFTA reads: investment means: (a) an enterprise; (b)
The Supreme Court and High Courts have time and again significantly influenced the development of the arbitration law in India. The Arbitration and Conciliation Act, l996 is the borrowing of the provisions laid down in different laws of different countries as well as UNCITRAL Model Law. The following are several judgments that impactfully interpreted the law of arbitration in India. The Supreme Court in Narain Khamman v. Pradhuman Kumar , observed that though it is well settled principle that though
that will be arbitration. Arbitration has been used for centuries, with Plato writing about arbitration amongst the ancient Greeks. In more modern times, arbitration became the standard method for resolving disputes in certain industry sectors (such as construction, commodities, shipping and insurance) where the arbitrators’ technical expertise was particularly valued.
PARTIES INVOLVED In Arbitration, the main parties involved are arbitrator that act as a third party and other various parties which can be either between client and contractor, client and sub-contractor and etc. Arbitrator Arbitrator is the ‘middle man’ that act as a judge in the arbitration process. An arbitrator can be appointed either by the parties themselves, by an independent third party, or by the Court. He will be judging the whole process of arbitration in resolving the disputes arises between
disputes are not resolved in a reasonable time. It is fashionable to talk about ‘Alternative Dispute Resolution’ (ADR) methods like negotiation, mediation, conciliation, arbitration, etc. but out of these only arbitration is used frequently as a method of choice for business dispute resolution. All over the world, commercial arbitration has been hailed as the most efficient form of dispute settlement available to participants in international trade as Arbitral Tribunal is viewed by businesses as a neutral
THE DIFFERENCE BETWEEN PRIVACY AND CONFIDENTIALITY A glaring question raised from the inspection of institutional rules on arbitration is whether privacy and confidentiality are different or not. To answer this very question, a crucial distinction should be made between both the terms. They have been presumed to be the core principles of any arbitral proceedings; this does not mean these two different concepts are implied to be one and the same thing. In fact they are corollaries to each other,
“the State will ensure that the legal system operates in a manner so as to promote justice to all and to ensure that no citizen is denied the opportunities of securing justice by reason of economic or any other disability”. But in the reality the law hardly reaches the vulnerable sections of the society where majority of the people