Is the Arbitrator Obligated to Frame Issues?
Current Tamil Nadu Cases, Volume 20, Issue 36, Journal Section, pp. 162-167
6 Pages Posted: 30 Sep 2014 Last revised: 9 Oct 2014
Date Written: September 3, 2014
The arbitrator’s power to determine the manner in which the arbitration is to be conducted is expansive and is circumscribed only by the agreement between the parties and the legislative fiat to treat the parties equally. The arbitrator has the power to determine his own jurisdiction; he is empowered to order interim measures of protection; his award is enforceable in the same manner as that of a decree of a civil court. For most purposes, the arbitrator is a substitute to the civil court. Nevertheless, the arbitrator is not bound to strictly follow the Evidence Law or the Civil Procedure Law as applicable to a court of law. The arbitration statute is silent as regards whether the arbitrator is obligated to frame issues to determine the dispute. While an arbitrator trained in law would not face problems in framing issues, non-lawyer arbitrators face difficulty in doing so. This short paper addresses this topic of practical significance. Further, it also discusses the possibilities of alternatives to framing issues to enable the arbitrator resolve the disputes in an effective manner.
Keywords: Issues, Framing of Issues, Arbitration, Arbitrator, Arbitral Tribunal, Arbitration and Conciliation Act 1996, India, Terms of Reference, International Chamber of Commerce, ICC Arbitration Rules 2012, Preliminary Issues, Bifurcation
JEL Classification: K41
Suggested Citation: Suggested Citation