Alternative to court room litigation. Parties submit their disputes to a NEUTRAL third party called the Arbitrator (s) or Arbiter (s) for resolution. Binding dispute resolution, equivalent to litigation in the courts Sources of Arbitration • State regulate arbitration through a variety of laws. • A number of national procedural laws may also contain provisions relating to arbitration. • Key international instrument – 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards Procedure • Arbitration agreement • Reference to arbitration • Composition of arbitral tribunal • Appointment of arbitrators • Grounds for challenge (doesn’t qualify) • Termination of mandate • Substitution of arbitrator Case:
NTPC Limited has awarded a contract
to Ms Doosan for Erection and commissioning of 2 X 800 MW Steam Generator.
All projects in the oil, gas and
petrochemical sector Engineering, Procurement and Construction (EPC). Process, piping, mechanical, civil/structural, electrical, instrument and control expertise, supporting the upstream, downstream and chemical process sectors. Details • NTPC Limited has awarded a contract to Ms Doosan for Erection & commissioning of 2X800 MW Steam Generator: • In GCC following clauses are indicated for settlement of Disputes: • 1. Adjudicator: if any dispute arises between the employer and the contractor in connection with or arising out of the contract the parties shall seek to resolve any such dispute through mutual consultation and if it fails then dispute shall be reffred in writing by either partyto the adjudicator, with a copy to other party. • 2.The adjudicator shall give the decision in writing to both the parties within 28 days of the dispute referred to it. If the adjudicator has done so and no notice of intention to commence arbitration has been given by either party within 56 days of reference, the decision shall become final binding upon employer and contractor. • 3. Should the adjudicator resign or die, or should the employer or contractor agrees that the Adjudicator is not fulfilling its functions in accordance with the provision of the contract, another retired Judge of High Court of India Shall jointly be appointed by both parties. Arbitration: • If either the employer or the contractor is dissatisfied with the adjudicators decision, or adjudicator fails to give a decision with 28 days, then employer or contractor may within 56 days give notice to other party with a copy of information to adjudicator of its intention to commence arbitration, no arbitration may be commenced unless such notice is given. • Any dispute in respect of which a notice of intention to commence arbitration has been given, in accordance with GCC, shall finally be settled by Arbitration. Arbitration • Any dispute submitted by a party to arbitration shall be heard by the arbitration panel composed of 3 arbitrators with the provision set forth below. Employer and the contractor shall each appoint 1 arbitrator and these two arbitrator shall jointly appoint a third arbitrator who shall chair the arbitration panel. If the two arbitrator do not succeed in appointing a third arbitrator within 28 days after the two arbitrators appointed, the third arbitrator, shall at the request of either party, be appointed by the appointing authority for arbitrator designated in SCC. • If one party failed to appoint the arbitrator within 42 days after the other party has named its arbitrator, the party which has named its arbitrator May request the appointing authority to appoint second arbitrator. • If for any reason and arbitrator is unable to perform its functions, the mandate of the arbitrator shall terminate in accordance with the provision of applicable laws as per in GCC clause. • Arbitration proceedings shall be conducted i) in accordance with the the rules of the procedure designated in SCC ii) place designated in the SCC iii) in the language in which its contract has been executed • The decision of majority of the arbitrators shall be final binding and shall be enforceable in any Court of the competent jurisdiction as decree of the court. The parties thereby waive any objection to or claim of immunity from such enforcement. • Arbitrator shall be given reasoned award. Thank You
KOREA TECHNOLOGIES CO., LTD., Petitioner, Vs. HON. ALBERTO a. LERMA, In His Capacity as Presiding Judge of Branch 256 of Regional Trial Court of Muntinlupa City, And PACIFIC GENERAL STEEL MANUFACTURING CORPORATION, Respondents.