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    Barrister J. Ashraf

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    Jennifer Ashraf
    The document discusses key similarities and differences between arbitration and litigation, as well as providing details on arbitration procedures, rules, outcomes, advantages, and disadvantages. It notes that arbitration involves an independent tribunal considering both sides of a dispute, but only proceeds if the parties agree. The tribunal is selected by the parties and the process is private. It also outlines rules around tribunal composition and decision making, as well as the flexibility and cost benefits of arbitration compared to litigation.

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    Barrister J. Ashraf

    Uploaded by

    Jennifer Ashraf
    47 views13 pages
    The document discusses key similarities and differences between arbitration and litigation, as well as providing details on arbitration procedures, rules, outcomes, advantages, and disadvantages. It notes that arbitration involves an independent tribunal considering both sides of a dispute, but only proceeds if the parties agree. The tribunal is selected by the parties and the process is private. It also outlines rules around tribunal composition and decision making, as well as the flexibility and cost benefits of arbitration compared to litigation.

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    arbitration slide

    Original Title

    Arbitration

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    The document discusses key similarities and differences between arbitration and litigation, as well as providing details on arbitration procedures, rules, outcomes, advantages, and disadvantages. It notes that arbitration involves an independent tribunal considering both sides of a dispute, but only proceeds if the parties agree. The tribunal is selected by the parties and the process is private. It also outlines rules around tribunal composition and decision making, as well as the flexibility and cost benefits of arbitration compared to litigation.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    47 views13 pages

    Barrister J. Ashraf

    Uploaded by

    Jennifer Ashraf
    The document discusses key similarities and differences between arbitration and litigation, as well as providing details on arbitration procedures, rules, outcomes, advantages, and disadvantages. It notes that arbitration involves an independent tribunal considering both sides of a dispute, but only proceeds if the parties agree. The tribunal is selected by the parties and the process is private. It also outlines rules around tribunal composition and decision making, as well as the flexibility and cost benefits of arbitration compared to litigation.

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    © All Rights Reserved
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    Barrister J.

    Ashraf
     Similarity: Independent tribunal considering
    both sides and making a decision.
     Differences: Dispute only arbitrated if parties
    agree, either before or after dispute arose,
    arbitrators are selected by the parties, and its
    private
     Based on agreement between the parties
     Arbitrators are appointed by the parties, or
    their method of being chosen is set by the
    parties
     Parties control procedures to the extent they
    wish to
     Flexible on formality depending on the
    parties wishes
     Most arbitrations are private
     Arbitration works best with two parties
     Arbitration has no power against a third party
     Arbitrators have little powers to sanction
    parties who do not comply with timetables or
    procedures
     Arbitrators have no power to confer interim
    injunctions unless the parties give them this
    power
     Arbitrators have no power to make search
    orders or freezing orders
     Generally the decision made in a arbitration is
    final
     Institutional arbitration: Arbitration is
    administered by an institution, using their
    rules. They may: arrange facilities for
    arbitration, provide machinery for appointing
    arbitrators, etc.
     Ad hoc arbitration: Parties arbitrate without
    using an institution. Gives the parties full
    control (e.g. arbitrators and procedure) with
    no institution costs.
     Parties can choose the number of arbitrators.
     If they have not done so
     If parties have agreed an even number of
    arbitrators, it is understand to require an
    additional arbitrator to be appointed as
    chairman.
     The chairman’s view prevails where the
    decision is evenly split.
     An umpire breaks deadlock by deciding
    issues when the arbitrators cannot agree.
    This is highly irregular.
     Terms of agreement allow for it;
     All parties agree in writing; or
     Tribunal vested with such power agrees to
    remove him/her.
     If all avenues employed and led to nothing:
     Party can apply to court to remove the
    arbitrator.
     A removal may be a breach of contract and
    may lead to a claim in damages.
     This is the system of law which governs the
    procedure of the arbitration. This is often
    decided by express agreement of the parties,
    but if it isn’t it is inferred from the parties.
     The seat need not be the venue of the
    arbitration.
     Should the seat be Bangladesh: the default
    rules are those in Bangladeshi law, but the
    parties can agree non-mandatory rules,
    adopt institutional rules or let the tribunal
    decide procedure.
     There is no effective arbitration agreement;
     The arbitration agreement was between
    parties that are not parties to the case;
     The dispute does not come within the terms
    of the agreement;
     The arbitrators have not been appointed
    according to the agreement; and
     The arbitrators are attempted in deciding
    matters not referred to them.
     Procedural orders - procedural orders and
    measures to preserve evidence;
     Interim award - disposing of one issue while
    leaving others to be decided later;
     Main awards - disposing of the arbitration;
     Cost awards.
     All awards are binding.
     Lower cost
     Settlement reached far quicker
     Parties control the process
     Choice of forum – parties can choose
    between arbitration, mediation, negotiation,
    etc.
     Wide range of issues may be considered that
    would not be easy to categorise in legal terms
     Flexible rules on evidence and disclosure
     Private and confidential process and settlement
     Problem solving approach – rather than focussing
    on past events and apportioning blame, ADR
    approach involves focusing on solving the
    dispute and making both parties happy
     Reduction of risk where bring a weak case –
    some ADR processes are not win-lose like
    litigation
     Greater client satisfaction
     Can retain the pre-existing relationship of the
    parties
     Increases costs if unsuccessful
     Additional delay if unsuccessful
     Possible reduction of outcome –overall
    outcome may be less than in court
     Lack of clear and public finding of the victor
     Loss of potential procedural steps
     Loss of potential advantage of evidence and
    disclosure rules
     Attempting ADR can confuse the process

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