Faculty of Humanities and Social Science > Law
BIAC-a center for alternative dispute resolution
farzanamili:
10. What is the role of an arbitrator in arbitration proceedings?
The arbitrator acts as a private judge in arbitration. Though nominated by one of the parties, or jointly by the parties, he is neutral. He will hear the witnesses, examine evidences, apply the law, and render the award.
Source: BIAC
farzanamili:
11. What is BIAC's role as a claimant at the arbitration?
Although it is more informal than traditional litigation, arbitration is an adversarial process. If you are a claimant, you will be required to present your case by filing your claims, calling witnesses, presenting documentary evidences, and making arguments to convince the arbitrator that he or she should rule in your favour. It is generally advisable to engage one or more counsel to present your case before the arbitration tribunal.
farzanamili:
12. How long does arbitration last?
Everything depends on complexity of the case and willingness of the parties. If both the parties are in agreement to conclude the arbitration proceedings expeditiously, it is possible to conclude it within shortest possible time. It is difficult to indicate a general time limit in arbitration. In institutional arbitration, the Rules followed will have clear guidelines for each stage of the process; however, the Tribunal will have authority to extend the time limits in exceptional cases.
Source:BIAC
farzanamili:
13. Is the arbitration process confidential?
The arbitration proceedings are confidential and not open to the public. All persons permitted to be present in arbitration proceedings, such as the parties and their representatives, arbitrators and witnesses are expected to maintain confidentiality about the arbitration proceedings. The final award of the arbitrator(s) is also confidential. However, when the award is taken to a court for a decree, it becomes a public document.
Source:BIAC
farzanamili:
14. What is an arbitration claim?
An arbitration claim is a statement of injury together with a request for compensation in either an estimated or certain amount, and/or that the other party performs or quit performing some act. A claim is presented by the initiating party in his/her Request for Arbitration and by the responding party in his/her Response to Request. These claims may be changed during the arbitration proceedings. The claim can also contain a request for provisional/ interim measures.
source:BIAC
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