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Full scale Arbitration.

The parties submit a dispute to NADR for arbitration. In a single arbitrator tribunal NADR appoints the arbitrator. Once the arbitrator accepts the appointment he notifies the parties and arranges a series of conferences to deal with interim issues that need to be dealt with before the arbitral hearing. This will involve setting deadlines for the submission of claims and counterclaims, questions of security of costs and jurisdictional issues (if any), setting the time and place for the arbitral hearing and arrangements to hire and pay for the venue of the arbitration. NADR guidelines and procedures are designed to ensure that this stage is carried out in a standardised, efficient manner. In a three man arbitral tribunal NADR will provide each party with a short list of potential arbitrators. Each party will select an arbitrator from their list. The two arbitrators then appoint a third arbitrator from a short list provided by NADR.

An arbitral hearing is much like a court hearing but will probably be quicker. Party representatives make oral submissions to establish claims and counter claims. The hearing is conducted in private. The arbitrator does not have to follow court procedures so the hearing is likely to be much less formal. Witnesses present evidence under oath and are subject to cross-questioning. Party representatives will argue the case. The arbitrator can ask the parties and witnesses questions. At the end of the process the tribunal will make a decision and deliver a reasoned award. The award will inform the parties who has won, and what each party is required to do in respect of payment of damages and costs. An arbitral award is enforceable internationally in the courts of all 128 States who are party to the 1957 New York Convention on the Enforceability of Arbitral Awards.


 
     
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