An essential difference between arbitration and
proceedings is that the parties to the arbitration participate in the court's
choice.
This is generally considered an important advantage of
arbitration. The parties may propose to the candidate to act as the sole
arbitrator. Alternatively, in a three-person court, each party may appoint one
arbitrator.
The choice of the arbitrator can be one of the most
important decisions made by the parties. Finding a court that can understand
the matter is important, as there are few remedies for arbitral awards and no
right to sue. Also, because arbitration takes place without strict procedural
rules, the role of the LegalCook arbitrator not only makes a compelling ruling
but also ensures that the process is fast, fair, and cost-effective.
Most institutional rules do not provide much guidance
on the qualifications and skills required to be an effective referee, except
that the lawyer must be independent and impartial. Here are some points to be
noted:
1. Select an arbitrator with a manageable number of
cases
Ask if the arbitration
lawyers in Bangalore can pay sufficient time and attention to the parties' disputes.
The program will appoint an arbitrator to allow the case to be heard.
It is a well-known fact that LegalCook reputable
arbitrators are highly sought after, and their caseloads can be significant.
They may have booked in the journal months in advance. Choosing an arbitrator
in a number of cases can lead to schedule conflicts, delays in proceedings, and
can affect the parties' right to prompt resolution. Therefore, it is
recommended that the ability of the arbitrator to undertake the proceedings be considered
first.
2. Select an arbitrator with the required legal and
professional experience
An important advantage of participating in the
selection process is the ability to select experienced decision-makers that
reflect the nature of the conflict. For example, in certain disputes,
engineering background or experience in the different industries is used to
achieve successful results and avoid wasting time explaining basic industry
concepts and standards. It can be essential.
3. Take into account the nationality of the arbitrator
For arbitrations of different nationalities, the
arbitration body is usually a single arbitrator or court chair. Of course, the
parties can agree in other ways in writing. The rationale for this rule is to
avoid actual or perceived bias in the procedure.
In three courts, arbitration lawyers in bangalore
appointed by a party may have the same nationality as one party. It is often
wise to choose an arbitrator of the same nationality. This is because at least
one member of the court has a good understanding of the culture, business
practices, and customs of the party's country of origin.
4. Select an arbitrator with strong management skillsThe
lack of strict procedural rules can lead to a fast and efficient arbitration
process in line with the immediate dispute. This flexibility in the process is
one of the main benefits of mediation. However, if not properly managed, the
lack of procedural rules can lead to protracted discrepancies between the
parties, resulting in unnecessary delays and costs.