Info About the Powers and Duties of an Arbitrator

Arbitration is basically connected with the term "method of settling commercial disputes". It almost takes at least about one year for its settlement in civil cases in a court of law. Therefore, arbitration is used by most of the business entities as much quicker method of settling commercial disputes. In arbitration, a person is appointed by the parties that act as a judge by their mutual consent to decide their dispute without going to courts. The powers and the duties of the person who is so appointed as an arbitrator are usually defined in the arbitrator agreement.

The powers of an arbitrator are as follow,

1. To refer the matters of law or the award for the opinion of the court.
2. To order for the specific performance of a contract or to make an interim award.
3. To administer oaths to the parties and the witness appearing before him and to regulate the course of hearing.
4. To consider any or all evidence offered by parties where the Arbitrator believes those evidence are necessary for the settlement of the dispute.
5. To put necessary interrogatories to the relevant parties and to appoint experts for his guidance in the question of a scientific or a technical nature.
6. To continue the Arbitration hearing to a subsequent date.

The duties of an arbitrator are as follow,

1. Arbitrator must act impartially
2. He has a duty to be physically and mentally capable of conducting the Arbitration proceeding.
3. The arbitrator must not receive any evidence from one side in the absence of other side.
4. An independent behavior is expected from an arbitrator throughout the process.
5. Arbitrator has a duty to observe the rules of evidence based on principles of natural justice.
6. The arbitrator is entitled to precede ex-parte if it is clear that the party to whom notice has been given does not appear before him within the reasonable time.
7. The arbitrator not allowed to disclose or communicate to a third party any of the details of identity of the parties or the proceedings without the consent of the parties to the arbitration
8. The arbitrator has a duty to preserve confidential and private nature of the arbitration proceedings.