Section 42 Arbitration and Mediation Act Section 42 Arbitration and Mediation Act 2023 is about Power of arbitral tribunal to appoint expert. It is under Part I (Arbitration) of the Act. (1) Unless otherwise agreed by the parties, the arbitral tribunal may –(a) appoint one or more experts to report to it on a specific…
Section 41 Arbitration and Mediation Act Section 41 Arbitration and Mediation Act 2023 is about Default of a party. It is under Part I (Arbitration) of the Act. (1) Unless otherwise agreed to by the parties, if, without showing sufficient cause –(a) the claimant fails to state the claim as required under section 36(1) of…
Section 40 Arbitration and Mediation Act Section 40 Arbitration and Mediation Act 2023 is about Joinder of parties. It is under Part I (Arbitration) of the Act. (1 ) The arbitral tribunal shall have the power to allow an additional party to be joined to the arbitration, provided that, prima facie, the additional party is…
Section 39 Arbitration and Mediation Act Section 39 Arbitration and Mediation Act 2023 is about Consolidation and concurrent hearing. It is under Part I (Arbitration) of the Act. (1) Parties may agree –(a) that the arbitral proceedings shall be consolidated with other arbitral proceedings, including arbitral proceedings involving a different party or parties with the…
Section 38 Arbitration and Mediation Act Section 38 Arbitration and Mediation Act 2023 is about Hearing and written proceedings. It is under Part I (Arbitration) of the Act. (1) Subject to a contrary agreement by the parties, the arbitral tribunal shall decide whether the arbitral proceedings shall be conducted –( a) by holding oral hearings…
Section 37 Arbitration and Mediation Act Section 37 Arbitration and Mediation Act 2023 is about Power of the arbitral tribunal as to remedies. It is under Part I (Arbitration) of the Act. (1) The parties may agree on the powers exercisable by the arbitral tribunal as regards remedies. (2) Unless otherwise agreed to by the…
Section 36 Arbitration and Mediation Act Section 36 Arbitration and Mediation Act 2023 is about Points of claim and defence. It is under Part I (Arbitration) of the Act. (1) Within the time agreed by the parties or determined by the arbitral tribunal, the claimant shall, in its points of claim, state the facts supporting…
Section 35 Arbitration and Mediation Act Section 35 Arbitration and Mediation Act 2023 is about Language to be used in arbitral proceedings. It is under Part I (Arbitration) of the Act. (1) The parties are free to agree on the language or languages to be used in the arbitral proceedings and where there is no…
Section 34 Arbitration and Mediation Act Section 34 Arbitration and Mediation Act 2023 is about Application of statutes of limitation to arbitral proceedings. It is under Part I (Arbitration) of the Act. (1) Applicable statutes of limitation shall apply to arbitral proceedings as they apply to judicial proceedings. (2) In computing the time prescribed by…
Section 33 Arbitration and Mediation Act Section 33 Arbitration and Mediation Act 2023 is about Commencement of arbitral proceedings. It is under Part I (Arbitration) of the Act. Unless otherwise agreed by the parties, arbitral proceedings in respect of a particular dispute shall commence on the date on which a written communication containing a request…