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Central Arbitral Tribunal, Jodhpur is a Permanent Arbitral Institution framed as per the provisions of the Arbitration and Conciliation Act, 1996 to encourage the parties for settlement of disputes in amicable manner through alternative dispute resolution by providing a platform which works in a fair and efficient manner, within scheduled time frame.Central Arbitral Tribunal, Jodhpur has panel of Arbitrators, who are experts in their fields, mostly are retired High Court judges and District Judges.Staff of the Central Arbitral Tribunal, Jodhpur is very cordial, co-operative, and assist the clients in best possible manner.

Central Arbitral Tribunal has been constituted under the patronage of the Legal, Social & Environmental Global Awareness to Laymen (LEGAL) Society, a registered society registered under Rajasthan Society Registration Act, 1958 bearing registration no. 148/2008.

Central Arbitral Tribunal, Jodhpur is equipped with latest and modern infrastructure including the updated library. It provides best place and environment to facilitate the conduct of the Arbitration proceedings.
FAQs

Q1.What is Arbitration?

Arbitration is a form of alternate dispute resolution, specifically, a legal alternative to litigation, where the parties to a dispute, agree to submit their respective positions to a neutral third party arbitrator(s) for resolution.

Who is an Arbitrator?

An arbitrator is a neutral third party selected by the parties or by the institution or appointed by the court. It is the arbitrator who will hear the matter and provide a reasoned judgement or award. This has the same validity as a court decree.

Q2.What types of the matters falls under the Arbitration ?

Any kind of written agreement/MOU permissible under the law, having arbitration clause, will fall under the Arbitration proceedings. For examples :- Agreement to Sell, Rent Agreement, Franchise Agreement, Distribution ship Agreement, Construction Agreement, Business Agreement, Purchase Agreement, Loan Agreement, Insurance Agreement, Partnership Agreement, Joint Venture Agreement,  etc.
Even, in agreements/ MOUs not having the arbitration clause, parties may with mutual consent, can have agreement for arbitration.

Q3.What are the advantages of Arbitration ?

Advantages of Arbitration are :

            • Cost effective than the regular court proceedings as there is no hidden fees  and all the fees are fixed and are very nominal in comparison with regular court proceedings, which includes huge expenses of court fees and advocate fees
            • Speedy than the regular court proceedings which takes years (time taken in trial proceedings which is about 7-10 years, similarly in High Court and Supreme Court which is  about 10-20 years, total time taken is about 30 years in attaining the finality of the matter) whereas the Arbitration proceedings are completed within time bound  period of six (6) months or may be extended to maximum one (1) year.
            • No appeal lies from the Award passed by the Arbitrator.
            • Finality:- Arbitration Award  is final and binding on the parties and cannot be challenged in any court of law except mentioned in section 34 of the Act of 1996.

 Award passed by the Arbitrator are enforceable as decree of the civil courts.

Q4.  What are the  benefits of the Arbitration at the Central Arbitral Tribunal, Jodhpur ?

Advantages of Arbitration at Central Arbitral Tribunal, Jodhpur

  • A neutral platform providing fair and impartial hearings.
  • Availability of pre-established rules and procedures which ensure the arbitration proceedings begin in a timely manner
  • Administrative assistance from the institution, which will provide a secretariat or court of arbitration;
  • Panel list of highly qualified, experienced legal luminaries as Arbitrators to choose from; (mostly are retired judges of Supreme Court, various High Courts and District Courts)
  • Assistance in encouraging reluctant parties to proceed with arbitration; and
  • An established format with a proven record;
  • Fix fee for Arbitrator and Institution (including facility charges)
  • Well maintained and updated E-library
  • Awards are passed in stipulated time period (maximum one year)
  • Friendly environment, adoptable to the needs of the parties
  • Team of more than hundred Panel advocates, expert in their field for the assistance of the parties, if needed .
  • Registration Fee as well as administrative fee and Arbitrator’s fee are most reasonable in comparison to any other arbitration institutes.
  • One of the largest panel of ex- judicial authorities in India.
  • Arbitral proceedings are in accordance with Rules of 2014, therefore, parties have fair judicial pronouncements.

Q5.What is the jurisdiction of the Central Arbitral Tribunal, Jodhpur ?

With the consent of the parties to resolve their disputes through the Central Arbitral Tribunal, Jodhpur, it has jurisdiction of whole of India.

Q6.What is the legal sanctity of the Awards passed by the Central Arbitral Tribunal, Jodhpur ?

 Arbitration Awards passed by the Central Arbitral Tribunal, Jodhpur are final and binding on the parties and cannot be challenged in any court of law, except as provided under section 34 of the Act of 1996.

Q7.How the Awards passed by the Central Arbitral Tribunal, Jodhpur are executable ?

 Award passed by the Central Arbitral Tribunal, Jodhpur are enforceable as decree of the civil courts by the concern Civil Courts.

(Section 36 of the Arbitration and Conciliation Act, 1996)

Q8.How we can have the arbitration proceedings at the Central Arbitral Tribunal, Jodhpur ?

 Parties to the agreement/MOU should have the following additional clause :

“Any dispute or difference whatsoever arising between the parties out of or in connection with, relating to the construction, meaning, scope, existence, operation or effect, termination, validity or breach of this agreement/contract shall be settled/resolved by way of arbitration mandatorily by the Arbitrators appointed by the Central Arbitral Tribunal, Jodhpur in accordance with the Arbitration and Conciliation Act,1996 and the Central Arbitral Tribunal (Procedural) Rules of 2014. Award passed by the Arbitrator of the Central Arbitral Tribunal shall be binding on both/all the parties.

One copy of this agreement will be submitted or sent to the Central Arbitral Tribunal, Jodhpur forthwith.”

Parties who wish to arbitrate an existing dispute, but there is no agreement between the parties for arbitration, can enter into an Arbitration agreement for resolving their dispute through Central Arbitral Tribunal, Jodhpur

Q9.How much fee is to be paid for the arbitration proceedings to be conducted by the Central Arbitral Tribunal, Jodhpur ?

 Central Arbitral Tribunal, Jodhpur have framed the Rules for the conduct of the arbitration proceedings, known as the “Central Arbitral Tribunal Rules, 2014”.

Registration fee is mentioned in Schedule- A of the Rules and Arbitrators fee and Institutional Fee are mentioned in Schedule- B of the Rules, which are very nominal in comparison to the fee incurred in litigation before the regular courts.

Q10.How we can insert the arbitration clause of the Central Arbitral Tribunal, Jodhpur in our agreement/MOU ?

 By registering your agreement/MOU with the Central Arbitral Tribunal, Jodhpur after the payment of the Registration Fee as per the Schedule- A of the Rules, 2014 and inserting the abovementioned clause in the agreement/MOU.

Our Panel Arbitrators

The major following judicial dignitaries have been kind enough to grant their consent as the Arbitrators of the Central Arbitral Tribunal, Jodhpur:-

  1. Hon’ble Justice Mr. Shivraj Patil,

Former Judge, Supreme Court of India

Former Chief Justice of Rajasthan High Court

Former Chief Justice of Madras High Court

Former Vice-Chairman of Human Right Commission of India

Former Lokayukt of State of Karnataka

  1. Hon’ble Justice Mr. Arijit Pasayat,

Former Judge, Supreme Court of India

Former Chief Justice of Kerla High Court

Former Chief Justice of Delhi High Court

  1. Hon’ble Justice Dr. Mukundakam Sharma,

Former Judge, Supreme Court of India

Former Chief Justice of Delhi High Court.

  1. Hon’ble Justice Dr. AR. Lakshmanan,

Former Judge, Supreme Court of India

Former Chief Justice of Rajasthan High court

Former Chief Justice of Andhra Pradesh High court

Former Chairman of Law Commission of India

Chief of Panel – Indian Court of Arbitration for sports

  1. Hon’ble Justice Mr. C.K. Thakkar,

Former Judge, Supreme Court of India

Former Chief Justice of Himachal Pradesh High Court

Former Chief Justice of Bombay High Court

Former Acting Governor of Maharastra

  1. Hon’ble Justice Mr. Deepak Verma,

Former Judge, Supreme Court of India

Former Chief Justice of Rajasthan High Court

  1. Hon’ble Justice Mr. G.P. Mathur,

Former Judge, Supreme Court of India

Former Member, National Human Rights Commission

Former Acting Chief Justice of  Allahabad High Court

 Hon’ble Justice Mr. D. M. Dharmadhikari,

Former Judge, Supreme Court of India

Former Chief Justice of Gujrat High Court

  1. Hon’ble Justice Mr. Aftab Alam,

Former Judge, Supreme Court of India

Former Acting Chief Justice of J & K.

  1. Hon’ble Justice Vijender Jain
    Former Chief Justice Punjab and Haryana High Court

Presently Chairperson, Haryana Human Rights Commission

 Hon’ble Justice Mr. V K Gupta,

Former Chief Justice  of  High Court of Jharkhand,

Former Chief Justice  of  Uttarakhand

Former Chief Justice  of  Himachal Pradesh

  1. Hon’ble Justice Mr. B.A. Khan,

Former Chief Justice J & K High Court

President, SAARC Law India

  1. Hon’ble Justice Mr. Devinder Gupta,

Former Chief Justice  High Court of Andhra Pradesh

  1. Hon’ble Justice Dr. G.C. Bharuka,

Former Acting Chief Justice High Court of Karnataka.

  1. Hon’ble Justice Mr. S.N. Kapoor,

Former Judge, Delhi High Court,

Member, Law Commission of India

  1. Hon’ble Justice Mr. Fakhruddin,

Former Judge High Court M.P & Chhattisgarh

  1. Hon’ble Justice Mr. M. A.A. Khan,

Former Judge, Rajasthan High Court

  1. Hon’ble Justice Mr. S.K. Dubey,

 Former Judge, M.P. High Court.

  1. Hon’ble Justice Mr. Krishan Chand Gupta,

Former Judge, Punjab & Haryana High Court

  1. Hon’ble Justice Mr. J.C. Gupta,

Former Judge Allahabad High Court

  1. Hon’ble Justice Mr. Sudhir Kumar Katriar,

Former Judge Patna High Court

  1. Hon’ble Justice Mr. P.S. Narayana,

Former Judge High Court of Andhra Pradesh

Member, Mahadayi Water Disputes Tribunal

  1. Hon’ble Justice Mr. Amar Nath Jindal,

Former Judge Punjab and Haryana High Court

  1. Hon’ble Justice Mr. R P Gupta,

Former Judge High Court of Madhya Pradesh

  1. Hon’ble Justice Mr. Manak Mohta,

Former Judge Rajasthan High Court

Former Judicial Member, Armed Force Tribunal

  1. Hon’ble Justice Mr. Viney Mittal,

Former Judge Punjab & Haryana High Court

  1. Hon’ble Justice Mr. R. Gururajan

Former Judge High Court of Karnataka

  1. Mr. J.P. Chhangani,

Former District Judge, Rajasthan Judiciary

  1. Mr.Sampat Raj Sharma,

Former District Judge, Rajasthan Judiciary

  1. Mr.K.K. Sahlot,

Former District Judge, Rajasthan Judiciary

  1. Mr. Prashant Sharma,

Former District Judge, Rajasthan Judiciary

  1. Mr. A.K. Dhera,

Former District Judge, Rajasthan Judiciary

  1. Mr. P.K. Mathur,

 Former Addl. District Judge, Rajasthan Judiciary

  1. Mr. A.K. Jain,

Former C.J.M., Rajasthan Judiciary

35. Mr. K.K. Shah

Senior Advocate, Rajasthan High Court, Jodhpur