The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Contents hide
1 What is the meaning of arbitrability?
2 The three aspects of arbitrability are as follows:
3 What makes a dispute non – arbitrable?
5 Grounds of challenging arbitrability
The term arbitrability can have different meaning in different context.
That is, whether the disputes are such in nature that they can be resolved by the arbitral tribunal chosen by the parties or by the court of law.
That is, whether the arbitration agreement has a provision regarding resolution of the disputes by arbitration or whether the disputes fall under the expected matters excluded from the purview of the arbitration agreement.
That is, whether the disputes fall under the scope of the submission to the arbitral tribunal, or whether they do not arise out of the statement of claim and the counter claim filed before the arbitral tribunal.
Grounds of Challenging Arbitrability
If the dispute is not arbitrable, the arbitral tribunal is limit in its jurisdiction and the claim must instead be submit to domestic courts as there may restrictions regarding the capacity of parties to enter into arbitration agreements.
There are certain disputes which are sensitive in nature or which involves such sensitive public policy issues that are left exclusively to the jurisdiction of domestic courts by domestic law.
Arbitrability can be challenged when there is incapacity of the parties, that is the parties should be attain the age of majority according to law to which they are subject and must be of sound mind and must not be disqualified by law from contracting .
If the arbitrator is not validly appoint or lacks the necessary qualifications or the parties did not make any binding arbitration agreement or the matters in dispute fell outside the scope of the agreement then the award will be entirely void and its arbitrability can be challenged.
Arbitration is a form of alternative dispute resolution (ADR);this method is efficient as well as effective but in certain cases the dispute cannot be solved by arbitration considering different policies of different countries, In such situation resort to domestic law is the best possible solution.
To ensure the enforceability, arbitration tribunal determines arbitrability with specific reference to law of the place of arbitration.
Arbitration is one of the most efficient as well as effective methods of dispute resolution. And is widely use all over the world, it is cost-efficient, time-saving. And reduces the burden on the courts, but there are certain conditions. Where the arbitrability can be challenge depending upon the jurisdiction of the arbitral tribunal or the capacity of the disputes. Being adjudicate by arbitration or whether the fact that the parties have referred the disputes to arbitration. These grounds that challenge the arbitrability, to resolve this adequate. Vetting of the arbitration agreement at the time it is necessary. And taking extra caution in following the statutory rules and regulations must be ensured.
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