For a valid arbitration to take place, certain legal "ingredients" must be present. These are the foundations of the process:
Arbitration Agreement (Section 7): There must be a written agreement between parties to submit their disputes to arbitration. This can be a clause in a contract or a separate agreement.
Arbitrable Dispute: The dispute must be of a nature that can legally be settled by arbitration (e.g., civil or commercial matters). Criminal or matrimonial matters are generally not arbitrable.
The Tribunal (Section 10): Parties are free to determine the number of arbitrators, provided that the number is not an even number (to avoid deadlocks).
Notice of Arbitration (Section 21): The process officially commences when one party sends a formal request to the other to refer the dispute to arbitration.
Impartiality (Section 12): The proposed arbitrator must disclose any circumstances likely to give rise to justifiable doubts about their independence or impartiality.
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