ARBITRATION

Evolution of Arbitration Law

[Name of the institute]Evolution of Arbitration Law

Introduction

Article 2 of 1996 Act provides the definition of arbitration. According to this article arbitration can be defined as the product of contract. It can be described as a contract in which parties in writing agree that a dispute should be head in an arbitral tribunal which may be comprised of one or more than one arbitrators instead of being held in a court.

It is often observed that in a case of arbitration a third party who is not a signatory of the original contract come and become the joinder because this third party has an interest in the dispute and its resolutions. The aim and objective of this paper is to analyze various conditions in which a third party can join the arbitration case and what are the various laws and regulations related to this matter of third party joining in the case of arbitration.

Evolution of Arbitration Law

It is often criticized about the arbitration law that it has deficiency when it comes to the issue of multi-party and multi-contract disputes. The following part undertakes discussion how the arbitration law has evolved over the period of time and how it still can be regarded as deficient when it comes to the issue of multi-party and multi-contract disputes.

Brief History of Arbitration Law

In contrast of the previous tradition of judicial intervention The Arbitration Acts 1950, 1975, 1979, and 1996 all the articles involve the need for the autonomy of parties. The Act of 1979 is considered as the first Act that to put an end to the long established case stated procedure. According to this previous legislation court had the power to perform the review an award in case there is an error related to law or appearance of fact on the face of the award. Courts had the authority to establish a structure to overcome the error so that errors of fact cannot be regarded as the subject of an appeal. In this way, errors of law can be appealed only in case of stringent conditions. Now, the evolution of the arbitration law has snatched this power of court. Now, court can only have its say when ti comes to the formation of arbitration and inclusion of partries to the arbitration.

Arbitration Act According to Section 35

The section 35 of the Act entails that the parties involved in the case are free to agree with each other. The proceedings of arbitration should be consolidated with other arbityral proceedings. The concurrent hearings should be organized on such terms as may be agreed. Unless the parties allow tribunal to practice such powers the tribunal cannot order the consolidation of proceedings. But, the important thing that is to be considered here is that this provison is not mandatory.

History

In an arbitration agreement, when parties fail to make the provision for the multiparty proceedings then in this case, multiparty arbitration can still be applicable according to few arbitration laws and rules. However, the fact is also ...