LAW200 Presentation

Prepared for Arafat Hosen Khan (KAH)

 
 

Prepared by

Md Mostakim Nabil - 1931362030

 
Supta Ghosh - 2011482630

Shibly Sadik - 2011402630

S.M. Farid Uddin - 2011605630

 
INTRODUCTION
* It is a kind of formal Justice System. It is a process like private court.
Arbitration is the process by which an issue is resolved by an arbitrator between
one party and the other party outside the court .

* It may fall on Binding or Nonbinding system.

MAIN TYPES OF ARBITRATION:
• Voluntary
Arbitration:
• It implies that the two
disputing sides,
unwilling to resolve their
disputes on their own,
agree to refer the dispute
to a neutral authority, the
verdict of which they are
willing to recognize.
• Compulsory
Arbitration:
• Is one in which the
parties are required to
accept arbitration
without any kind of
willingness on their part.
 OTHER TYPES OF ARBITRATION:

• Ad-hoc Arbitration: When there is a disagreement or

difference between the parties during the course of a business
transaction. This settlement is decided to get compensation only
for the unresolved portion of the conflict.
• Institutional Arbitration: There is prior agreement between the
parties that any potential conflicts or disagreements that arise
between the parties during their commercial dealings will be
resolved by arbitration as per the agreement's provision.
• Statutory Arbitration: statutory arbitration is binding
arbitration that is forced on the parties by statute. In such a
situation, the parties have no choice but to follow the rule of the
country.
Domestic or international Arbitration: An Arbitration in
which any party belongs to other than India and the dispute
is to be settled in India is termed as International
Arbitration.

International Arbitration: International Arbitration occurs

where arbitration hearings are held outside of India and the
Award is expected to be upheld in India
Advantages:

*The parties to the dispute usually agree on the arbitrator, so the arbitrator will
be someone that both sides have confidence will be impartial and fair.

*The dispute will normally be resolved much sooner, as a date for the
arbitration can usually be obtained a lot faster than a court date

*Arbitration is essentially a private procedure, so that if the parties desire

privacy then the dispute and the resolution can be kept confidential.
Disadvantages:

*If arbitration is binding, both sides give up their right to an

appeal. That means there is no real opportunity to correct
what one party may feel is an erroneous arbitration decision.

*If certain information from a witness is presented by

documents, then there is no opportunity to cross-examine the
testimony of that witness.

*The standards used by an arbitrator are not clear, although

generally the arbitrator is required to follow the law.
Conclusion:

Arbitration is a decent answer for those individuals

who would not like to go for any issue. Since, it is
settled outside of the court and it is legitimate.
Arbitration is confidential, as an issue of law, in Egypt.
Its point was to recognize the lawful reason for
protection and classification in mediation in Egypt, and
the components of the relating legal duties.
SOURCES:
“ALTERNATIVE DISPUTE RESOLUTION (ADR)”

https://classroom.google.com/u/1/c/Mjc0MDMyNDQ1NjU2

Anita,(n.d), Kinds of Arbitration

http://
www.legalserviceindia.com/legal/article-1126-kinds-of-arbitratio
n.html?fbclid=IwAR2U0SjcifB_0S_v6CRwnXmm_fyUdqtS-Ep8
d5hb6Ost9Ox-MeFb-YmdR5I

Goyat,R. (14th October,2015) Arbitration & its types

https://
www.slideshare.net/RahulGoyat1/arbitration-its-types?fbclid=Iw
AR38t2vazuEbKqwSrMA-GkzM0fuMKMDG3wapHuL_oOMx
UCT2yInD8TI2GKI
 The End.
Thank You!!!!