Documente Academic
Documente Profesional
Documente Cultură
Prepared by:
V.PARVATHESAM
Manager (Legal Affairs)
In
As per the
Sole
11. Arbitrators fees: Depending upon the value of the claim, the arbitrator
would fix his fees and the said fees fixed by him should be shared equally
by both the parties. In case of arbitration by ICA, there is a separate fee
schedule and the parties have to deposit the amount towards arbitrators
fees with ICA.
12. Law applicable: In case of a domestic arbitration within India, all the
laws in force in India will be applicable and the proceedings will be
governed by the Arbitration and Conciliation Act 1996.
In case of
In answer to the claim statement, the respondent would file his Counter.
Again the claimant will be given an opportunity to file his reply to the
counter called as Rejoinder. Reply to the Rejoinder if any, permitted and
therefore filed by the respondent is termed as Sur-Rejoinder. The above
documents are referred to as Pleadings.
16. Steps: At the end in each sitting of the Arbitral Tribunal, the arbitrator
would record the proceedings on a separate sheet of paper wherein the
details like the persons present in the sitting, the date and venue of
hearing, the date and venue of next hearing, the party who should make
the arrangements and the purpose for which the next sitting is fixed etc.
will be recorded.
17. Admission/denial of documents: After completion of pleadings, both
the parties will be asked to admit or deny the documents filed by the
opposite party. This step namely admission/denial of documents would
minimize the number of documents to be proved because the admitted
documents need not be proved under law.
18. Issues: Basing on the pleadings and admissions/denial of documents,
the parties will be asked to submit draft issues that are in dispute. After
considering the draft issues filed by both the parties, the arbitrator would
finalize the issues to be decided. The importance of framing issues is
that the evidence can be adduced by the parties keeping in mind those
issues. Framing of issues facilitates knowing what is to be proved and by
whom it is to be proved. Accordingly, the parties adduced the evidence.
19. Marking of documents: Each document filed by either party is given an
Exhibit No. for the purpose of reference. Documents filed by the claimant
are numbered as Exhibit C-1, C-2, C-3 Similarly, the documents filed
by the respondent are numbered as Exhibit R-1, R-2, R-3 respectively.
Under law, the burden of proving the genuineness and contents of any
document lies on he who asserts and relies on such document.
The challenge