ARBITRATION IN INDIAN CONTEXT

Presented By :
Miss. Kirti M Kumkule Roll No. 19 M.M.S III Sem

Industrial Relations

CONTENTS

Meaning of Arbitration Advantages of Arbitration Disadvantages of Arbitration Types of Arbitration Reference to Arbitration Qualification of Arbitrators National Arbitration Promotion Board
Industrial Relations 2

MEANING
Arbitration is the means of securing an award on a conflict issue by reference to a third party. It is a process in which a dispute is submitted to an impartial outsider who makes a decision which is usually binding on both the parties.

Industrial Relations

ADVANTAGES

Settlement of the Dispute Flexible Informal and less expensive Builds healthy relations Arbitrators acquire familiarity Relatively expeditious

Industrial Relations

DISADVANTAGES

Deprives right to go on strike Judgment is arbitrary and ill-advised Less dependence on negotiation Delay to arrive at award Frequent arbitration is not a sign of healthy relations Arbitrators are often biased
Industrial Relations 5

TYPES
There are mainly two types of arbitration : 1. Voluntary arbitration 2. Compulsory arbitration

Industrial Relations

VOLUNTARY ARBITRATION

Meaning Essential Elements : 1. Voluntary submission of disputes to an arbitrator 2. Subsequent attendance of witnesses and investigation 3. Specifically needed for disputes arising under agreements 4. Enforcement of award may not be necessary and binding

Industrial Relations

COMPULSORY ARBITRATION

Meaning Parties are forced to arbitration when : - Fail to arrive at settlement by voluntary method. - Industries of strategic importance are involved.

- When there is a national emergency which requires that the wheels of production should not be obstructed by frequent work stoppages.
- Country is passing through grave economic crises. - There is a grave public dissatisfaction with the existing industrial relation.

Industrial Relations

REFERENCE TO ARBITRATION

An industrial disputes exists or is apprehended in an establishment. The employer and the workers agree in writing to refer the dispute to arbitration. The agreement is in the prescribed form and signed by the parties to it in the prescribed manner. Agreement must be accompanied by the consent of the arbitrator and arbitrators. Dispute must be referred to arbitration at any time before it is referred to labor court or tribunal or national tribunal. Copy of agreement is forwarded to the Govt. and conciliation officer.

Industrial Relations

QUALIFICATION OF ARBITRATORS

Understand complexities Knowledgeable High integrity Maintain harmonious relations Acceptable

Industrial Relations

10

NATIONAL ARBITRATION PROMOTION BOARD

Review the position periodically. Examine the factors inhibiting a wider acceptance of this procedure and suggest measures to make it popular. Evolve principles, norms, and procedures for the guidance of arbitrators and parties. Compile and maintain up to date panels of suitable arbitrators for different area and industries and to lay down their fees. Advise parties to accept arbitration to resolve conflicts so that litigation in courts may be avoided. Look in to the causes for delay and expedite arbitration proceedings.

Industrial Relations

11

THANK YOU

Industrial Relations

12