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International Commercial Arbitration System
International Commercial Arbitration System
to one or more arbitrators who make a binding decision on the dispute. In choosing
arbitration, the parties opt for a private dispute resolution procedure instead of going to
court.
Arbitration is consensual
Arbitration can only take place if both parties have agreed to it. In the case of future
disputes arising under a contract, the parties insert an arbitration clause in the relevant
contract. An existing dispute can be referred to arbitration by means of a submission
agreement between the parties. In contrast to mediation, a party cannot unilaterally
withdraw from arbitration.
The parties choose the arbitrator(s)
Under the WIPO Arbitration Rules, the parties can select a sole arbitrator together. If
they choose to have a three-member arbitral tribunal, each party appoints one of the
arbitrators; those two persons then agree on the presiding arbitrator. Alternatively, the
Center can suggest potential arbitrators with relevant expertise or directly appoint
members of the arbitral tribunal. The Center maintains an extensive roster
of arbitrators ranging from seasoned dispute-resolution generalists to highly specialized
practitioners and experts covering the entire legal and technical spectrum of intellectual
property.
Arbitration is neutral
In addition to their selection of neutrals of appropriate nationality, parties are able to
choose such important elements as the applicable law, language and venue of the
arbitration. This allows them to ensure that no party enjoys a home court advantage.
Notice of arbitration
To commence the proceedings of arbitration one party has to provide the notice
of arbitration to the other party requesting to refer the dispute to arbitration.
When the respondent receives the notice of arbitration, the proceedings of
arbitrations begin. In this notice, there are two essentials: one is the
communication of an intention to refer the dispute to arbitration and the other
is that the other party to whom the notice has been served should take a step
towards it.
Referral to arbitration
The judicial authority can refer the subject matters of the case to the arbitration
if that agreement contains the clause of arbitration to settle the disputes among
the party if there are any. According to Section 8 of the Arbitration and
Conciliation Act, the judicial authority can refer the parties to arbitration if there
is an arbitration agreement.
Appointment of arbitrators
The parties are at their discretion to appoint the arbitrator to decide their case.
If the parties are not able to appoint the arbitrators mutually due to some
issues then the court allows the parties to appoint each arbitrator and then
these two arbitrators will appoint the third party who will be neutral. If the
parties fail to appoint the arbitrators within thirty days or the two arbitrators fail
to appoint the third arbitrator then the parties can request the Supreme Court
and High Court to appoint the arbitrators. The High Court or the Supreme Court
can appoint any person or institution to appoint arbitrators. In the cases of
International Commercial Arbitration, the Supreme Court can appoint the
arbitrators for the parties and in the cases of domestic arbitrations, the High
Court appoints the arbitrators.
Interim relief
The Arbitration and Conciliation Act, in Section 9 provides for interim measures
of protection not just before the commencement of arbitral proceedings and
during the arbitral proceedings but also after the arbitral award has been
delivered. Section 17 provides for interim measures ordered by the arbitral
tribunal if it is found at the time of proceedings that the disputed matter is
dangerous then it can ask the party to provide security.