What rules of evidence apply in arbitration?
The arbitrator may receive any oral or documentary evidence, except that irrelevant, immaterial, unduly repetitious, or privileged evidence may be excluded by the arbitrator. The arbitrator shall interpret and apply relevant statutory and regulatory requirements, legal precedents, and policy directives.
What is the rule of arbitration?
Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence.
What is an arbitration chamber?
Arbitration Chambers is a leading set of independent arbitrators, with offices in Hong Kong, London and New York. Arbitration Chambers was established in Hong Kong in 2012 and has grown to become the pre-eminent chambers for international arbitrators in the world.
Are ICC arbitrations confidential?
Under the new arbitration regime, domestic arbitrations are now confidential unless the parties agree otherwise. But for international arbitrations, there is no equivalent confidentiality provision, save the requirement that the arbitral tribunal’s deliberations are to be kept secret.
Which level of proof should be used by the arbitrator?
Arbitrators rarely apply a quantum of proof as stringent as the criminal standard of proof beyond a reasonable doubt, opting instead for a lesser standard such as requiring the employer to prove misconduct by clear and convincing evidence or by a preponderance of evidence.
Is Evidence Act applicable to arbitration?
The Court held that in terms of Section 19 of the A&C Act read with Section 1 of the Indian Evidence Act, the provisions of Evidence Act do not apply to arbitration proceedings, therefore, there was no necessity of complying with the requirement of Section 65-B.
What are ICC rules of arbitration?
Arbitration under the ICC Arbitration Rules is a formal procedure leading to a binding decision from a neutral arbitral tribunal, susceptible to enforcement pursuant to both domestic arbitration laws and international treaties such as the 1958 New York Convention.
What are the SIAC Rules?
The SIAC Rules (6th Edition, 1 August 2016) (“SIAC Rules 2016”) are the primary rules of arbitration at the SIAC and have come into force on 1 August 2016. The SIAC Rules 2016 supersede the SIAC Rules (5th Edition, 1 April 2013), SIAC Rules (4th Edition, 1 July 2010) and SIAC Rules (3rd Edition, 1 July 2007).
Are arbitrations private?
Arbitration proceedings are generally held in private. And parties sometimes agree to keep the proceedings and terms of the final resolution confidential.
What are the reasons for confidentiality in arbitration?
Confidentiality is considered as one of the key reasons why parties choose to go for arbitration for settlement of their disputes as they do not want their disputes to be a topic of public discussion.
Does section 20 CPC apply arbitration proceedings?
The Supreme Court held that Section 20 of the Arbitration and Conciliation Act 1996 (The Act) recognizes autonomy of the parties to choose a neutral seat of arbitration where no part of the cause of action arose.
What are the special ADR rules govern in the following judicial processes and proceedings?
The Special ADR Rules recognize the principle of competence-competence, which means that the arbitral tribunal may initially rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement or any condition precedent to the filing of a request for arbitration …
What is arbitration under ADR?
Arbitration is a mode of ADR wherein the dispute between the parties goes through a process to achieve an amicable resolution by an impartial third party known as an ‘arbitrator,’ without recourse to litigation.
Under which treaty law in India arbitration that happened by Under Singapore International Arbitration Centre is covered?
The appointment of Arbitrators in India is governed by Section 11 of the Indian Act, Article 11 being the concomitant provision of the UNCITRAL Model Law.
Are arbitrations binding?
Arbitration is the most traditional form of private dispute resolution. Arbitration is a binding procedure. It is often “administered” by a private organization that maintains lists of available arbitrators and provide rules under which the arbitration will be conducted.
What are the rules of the ADR Chambers?
“Rules” means the ADR Chambers Arbitration Rules in force at the time of the commencement of the arbitration. 1.2 Where appropriate in these Rules, words importing the singular shall include the plural and words importing the masculine gender shall include the feminine gender and vice versa. 2. Agreement of Parties and Application of the Rules
When are arbitration proceedings deemed to commence?
3.2 Arbitration proceedings shall be deemed to commence on the day on which ADR Chambers receives the Notice of Arbitration and filing fee as set forth in the ADR Chambers Schedule of Fees (Schedule “A” to these Rules).
When did the new rules of arbitration come into effect?
These Rules are Effective September 10, 2013 and are Subject to Change Without Notice. These Rules replace all prior rules of arbitration promulgated by ADR Chambers. Copies of ADR Chambers rules that were in effect prior to the date of these current rules may be obtained from ADR Chambers.
Why choose ADR services for arbitration?
To provide the highest level of effectiveness for your arbitration, ADR Services, Inc. offers rules, procedures and guidelines designed to address the needs of the parties and promote clear and shared expectations regarding the process.