Understanding Mediation and Domestic Awards in Dispute Resolution, Lecture notes of Law

Download Understanding Mediation and Domestic Awards in Dispute Resolution and more Lecture notes Law in PDF only on Docsity! Justice delivery system in India In India, the administration of Criminal Justice System follows the Anglo- Saxon-adversarial pattern. It has four vital units, namely, the Police, Prosecution, Judiciary and the correctional institutions. These components are supposed to work in a harmonious and cohesive manner with close co-ordination and cooperation in order to produce desired results more effectively, fairly and quickly. Moreover, the success or failure of the administration of criminal justice depends upon the efficacy of these allied units. The rule of law cannot exist without an effective judicial system capable of enforcing rights in a timely and appropriate manner in a way that inspires public confidence in the administration of justice. In order for the law to be governed, the system by which it is administered must be adequately measured when mapped out against the three dimensions of justice – substantive justice on merit, timeliness in the disposition of cases, and proportionate use of the resources of the State. Access to justice therefore assesses the fulfillment on these parameters of the individual's entitlement to justice, in order to ensure that legal redress does not become the preserve of a few. In India, the administration of Criminal Justice System follows the Anglo- Saxon-adversarial pattern. So when we hear this the question comes here is that what is an Anglo-Saxon Adversarial pattern? In General way we can say that it has 4 vital units for the delivery of criminal justice system, namely:- 1) Police 2) Prosecution 3) Judiciary 4) Correctional Institution. These 4 units are supposed to work in a harmonious and cohesive manner with close co- ordination and cooperation in order to produce desired best results more effectively, fairly and quickly. The rule of law cannot exist without an effective judicial system capable of enforcing rights in a timely and appropriate manner in a way that inspires public confidence in the administration of justice. The next question will be in our mind is that: What is Criminal Justice System? CRIMINAL JUSTICE SYSTEM: DEFINITION- The word criminal justice applies to government departments tasked with law enforcement, the adjudication of criminals, and the correction of illegal actions. The criminal justice system is a network of legal and social structures for the execution of criminal law in compliance with a given series of procedural rules and limitations. The criminal justice system is a set of legal and social institutions for the enforcement of criminal law. The term criminal justice system refers to the collection of federal, state and local public agencies dealing with the problem of crime. The effectiveness of executing of laws, regulation and rules depends on how effective these government department works. Criminal Justice System always work to make the application of Rule of law in right manner without any problem and delivery justice in justifiable manner to the one who are actually in need of it without eradicating them without getting it. OBJECTIVES OF CRIMINAL JUSTICE SYSTEM:- · Preventing the occurrence of crime. · To prosecute the offenders. · Rehabilitate the offenders. · To reward the perpetrators as soon as possible. · Maintaining law and order in society. · To deter criminals from performing any illegal act in the future. An Overview of the Indian Criminal Justice System: There are a variety of sources of criminal law in India. The Indian Penal Code of 1860, along with other state and unique legislation such as the Protection of Civil Rights Act, 1955, the Dowry Prohibition Act, 1961 and the Scheduled Castes and Scheduled Tribes Act, 1989, defines what constitutes a criminal offense under Indian rule. The Indian Evidence Act sets out the rules under which evidence is admissible in the Indian Courts. In fact, the Code of Criminal Procedure, 1973 (Cr. P.C.) lays out the Procedural Mechanisms for the Prosecution of Criminal Actions, allowing for the creation of criminal courts, for the execution of police inquiries and convictions, and for the operation of criminal trials and inquiries. Typically speaking, this is the Cr. P.C. All the other laws are fairly comprehensive to accommodate certain cases. Nevertheless, the criminal justice system in India is focused on a complicated network of laws and common law. The common law framework gives judges the right to view the laws applied to a specific case in such a manner as to bring about the most fair and lawful result. The common law is influenced by subsequent judicial readings of the legislation and by the legal principles of Stare Decisis (compliance with the previous case). And whether there's a particular piece of Legislation does not clearly regulate or clarify a particular topic, judges are free to focus on common law to decide the most appropriate and relevant laws. However, it should be remembered that the common law exists only in certain cases where the government has not spoken and should thus never be enforced in clear contrast to a single act of legislation. Branches of Criminal Justice System:- · LEGISLATIVE BRANCH · JUDICIAL BRANCH · THE EXECUTIVE BRANCH THE EXECUTIVE :- · Executive authority is granted to presidents, governors, and mayors. The rulings of the Supreme Court of India are binding on the High Courts of the State, who will adopt the interpretations of the laws of the Supreme Court. The Subordinate courts of the state must first look at and be bound by the judgments of the High Courts of their State. However, if decision on the matter in question is not taken, the subordinate courts will also follow the decision of the Supreme Court on the matter. The rulings of the High Courts are binding on the lower courts under their control, but are not binding on the Supreme Court or the courts of other States. In the main, though, all courts in India are bound by the judgments of the Supreme Court. Criminal law consists of two components Substantive and Procedural. Substantive Statutory Law points out the actions and state of mind of the crime, which points out the punishment for the offense. Procedural Criminal law, on the other side, includes the roles of the judiciary, the prosecution and the police, and the protocol to be practiced when dealing with the convicted party or defendant, when performing inquiries and in the process of a case. The primary objective of the Procedural Criminal Law is to ensure a fair trial for the accused. A fair trial involves balancing the rights of the accused along with the rights of the victim and the public interest. In India, the form of trial provided for in the Code of Criminal Procedure 1973 (Cr. P.C.) is an adversarial or accusatory type of criminal justice. In the adversarial system, emphasis is placed on a trial where the defense and prosecution confront each other at a public or oral hearing before an impartial judge. The perpetrator is believed to be innocent and the responsibility of arguing the guilt of the convicted rests on the prosecution. The premise of the adversarial system is that the truth will emerge from the confrontation between the prosecution and the defense, because both sides have an incentive to present their best arguments. In this interpretation of the adversarial method, the judge assumes a fairly passive and impartial position, ensuring that the parties comply by the law, determining what testimony submitted by the prosecutor and the defendant is valid and admissible, and ultimately assessing whether or not the accused is guilty. The Committee on Criminal Justice Reforms has observed that judges in India are too passive, except by the norms of the adversarial method, and that the judge, in his fear of preserving his integrity, rarely takes any action to ascertain the truth. The cornerstone of criminal justice is that the person is deemed innocent unless proved guilty without reasonable doubt following a jury trial. .The legislation amended the Cr.P.C in 1973. On the basis of the following values, in part: 1. The convicted party will be granted a reasonable hearing in keeping with the agreed rules of natural justice; 2. Every attempt should be taken to prevent delays in the prosecution and court which are detrimental not just to the persons concerned, but also to society; 3. The process should not be cumbersome and will, to the fullest degree practicable, guarantee equal treatment for the disadvantaged parts of the society. CORRECTION:- · Rehabilitation and reform of prisoners. · Secure the society. · Humane custody. KEY PLAYERS IN CRIMINAL JUSTICE SYSTEM:- · POLICE · PUBLIC PROSECUTOR · DEFENCE LAWYER · JUDGE POLICE- Police, as a front-line segment of the criminal justice system, have a very significant role to play in delivering justice to those in need. They are the ones who arrest the guilty parties and help the courts effectively discharge their judicial functions. In order to preserve and improve people's confidence in the application of criminal justice, the police must promote the prosecution of the actual convicted criminals by the courts. It is a precept of natural law that has been codified in many countries that a individual is innocent unless otherwise proven by a professional court that is neutral and unbiased. PUBLIC PROSECUTOR:- Lawyers who serve the state and undertake illegal acts charges cases against the accused. § The work of the Prosecutor shall begin upon the police have filed the charge sheet in the court i.e. the list of allegations in the trial. § The Prosecutor must conduct the prosecution on behalf of the Police investigation. § It is his duty to present all the facts, the witnesses and the evidence put before the trial. § He / she entitled to a fair jury. In a criminal trial, the Public Prosecutor or the Deputy Public Prosecutor shall try the charged on behalf of the Defendant. Prosecutors play a crucial function in the administration of justice. The role of the Prosecutor was described by the Law Commission of India in its 14th Report as follows: "The object of a criminal trial is to decide the guilt or innocence of the accused or defendant, but the responsibility of the Public Prosecutor is not to serve either group, but the State. The trial of the accused must be done with the greatest fairness”. The public prosecutor will be professionally indifferent to the results of the trial. Its duty should be to place before the court all the evidence available, irrespective of whether it goes against the accused or whether it helps him, in order to help the court discover the accurate truth. It can therefore be shown that, in the justice system, the public prosecutor has a very important role to play: the impartiality of his actions is as essential as the impartiality of the court itself”. Therefore, it is the responsibility of the prosecutor not just to obtain prosecutions, but to behave impartially and to bring to the court the facts to allow the court to rule on the convicted individual. DEFENCE LAWYER:- § Represent the accused after his detention to offer advice. § Investigate the facts of the crime, on behalf of the accused. § Address the argument with the judge to test the impact of the prosecution case. § Represent the accused at the bail hearing. § Represent the accused in the trial. § Submit an appeal. JUDGE:- § The judge is like an umpire of the trial. § The judge examines all the witnesses and considers the facts provided by all sides. § The judge shall determine if the convicted party is guilty or innocent. § If the offender is guilty, the court shall impose the sentence. § He can send a person to jail or enforce a penalty, or both, as required by statute. Steps in the criminal justice process:- § ❖ Investigation. § ❖ Arrest. § ❖ Prosecution. § ❖ Filing of information by a prosecutor. § ❖ Arraignment by a judge. § ❖ Pretrial detention or bail. § ❖ Plea bargaining. § ❖ Trial/adjudication of guilt. § ❖ Sentencing by a judge. § ❖ Appeals. § ❖ Punishment or rehabilitation. Impediments in the Effecting Functioning of Criminal Justice System: An Appraisal :- The Indian Criminal Justice System is infested with numerous problems; several of them are listed here. The Indian Criminal Justice System is reportedly suffering from a variety of illnesses, some of which may be identified as: v Huge pendency / Arrears of Court Cases; v Lengthy Procedure; v Time Consuming and Expensive Legal Process; v Abnormal Delays in Litigation; v Non-Accountable Bar; v Lack of Coordination between Police and Prosecution; v Faulty and Slipshod Investigation; v Unnecessary Detentions Causing Overcrowding of Jails; v Enormous Workload on Courts; v Alien Model; v Lack of a Speedy Dispute Resolution Mechanism; v Lack of Judges with respect to population ratio; v Delayed Trial; CONCLUSION:- For a nation with a wide number of disadvantaged citizens, redress would inevitably be inexpensive and expeditious. Litigation is time-consuming and fairly costly. For that to happen, alternatives to litigation should be offered by the justice system. Moreover, the success or failure of the administration of criminal justice depends upon the efficacy of these allied units. In order for the law to be governed, the system by which it is administered must be adequately measured when mapped out against the three dimensions of justice – substantive justice on merit, timeliness in the disposition of cases, and proportionate use of the resources of the State. Access to justice therefore assesses the fulfillment on these parameters of the individual's entitlement to justice, in order to ensure that legal redress does not become the preserve of a few. ADR: Objective, meaning, Advantages:- A democratic country has an inevitable requirement of continuously advancing, making continuous variations in the policies and law and making efforts to make it a more socially politically and economically developed state. A major pillar of democracy is the judicial body which holds a powerful stand in achieving the above. Traditional courts were made to solve disputes between the people and safeguard the constitution. But with time and gradual increase in population the disputes on civil and criminal matters also started burdening the courts with abundant cases. With the recent introduction of information technology, the burden has furthermore increased. The fact that a large number of these cases which the traditional courts deal with are on very trivial issues which are also not to be ignored because of these matters worth hearing get piling up. The vast case log that is pending in the courts the government and judicial committees recommended alternate methods of dispute resolution (ADR) via Mediation and Negotiations.  In this modern era where courts all around the world are burdened with cases and file loads, ADR is a widely accepted alternative to resolve disputes which may be regarding divorce, tax or commercial disputes like merger and acquisition or a dispute which involve a disagreement between parties and many people are turning towards these dispute resolution methods to resolve before acquisition disputes. The procedure taken to resolve disputes here is affordable, less procedural, less time consuming, the promise of confidentiality and gives more control to the individuals involved in the dispute and yields more efficient results. Many Jurists have preferred and advocated for ADR as a post-proceedings resolve settling mechanism. ADR is also being used more frequently in commercial and company based disputes.  Concept Additional Dispute Resolution (ADR) also known by the name External Dispute Resolution. It is a method that encompasses numerous methods and techniques aimed to resolve disputes. It has been practised since traditional times. The main aim and the technique around which this dispute resolution work is to use a less intricate procedure that around which the judicial courts work.  ADR includes direct negotiations, outside judicial settlements, arbitration, mediation, informal and formal tribunals, and mini-trials. All these might be binding, non-binding or advisory in nature. Nature here may be dependent upon that respective country jurisdiction and the legalization of Additional Dispute Resolution committees.  Objectives of ADR   Affordable and speedy trials with less procedural work.   Aims to settle the disagreement peacefully by way of compromise, negotiation or fair settlements.  Uses a direct approach to settle the dispute– one to one conversations and rigorous discussions to give a better understanding of each party’s view.   Explanatory in nature- gives in-depth information about the judicial policies and rules without being binding on the party.   Works on the principle of diplomacy- win-win for both parties.   Communication is the key- the more the parties at dispute communicate the more it increases the chances of coming to a mutually agreeable point.   Maintaining confidentiality– Keeping the information and dispute classified and inside the organization.   Creating pre-dispute guidelines and rules to save from future issues and give a systematic framework.   The most important aim- avoid judicial proceedings and trials. Meaning Of ADR ADR can be defined as a technique or mechanism of dispute resolution through the intervention of the third party. In ADR the neutral third party may bridge the gap between the parties by bringing them together through the process of arbitration, conciliation, mediation or negotiation, thus the ADR aims to provide an inexpensive, speedy and less formalistic remedy to the aggrieved party. Its purpose is to provide a remedy which is most appropriate in the circumstances of the case. Advantages of ADR System The merits/advantages of ADR are as follows: 1. ADR process can be initiated at any time, when the disputing party takes recourse to ADR. 2. It can provide more expeditious and less expensive settlement of disputes. 3. It promotes conducive and amicable mechanisms. 4. This system provides a flexible procedure and is not rigid. 5. No lawyer’s assistance is mandatory, it does not mean that the role of lawyer is diminished. 6. ADR reduces the workload of the regular courts of law. 7. ADR helps in confining disputes as a private matter. 8. ADR can be used to reduce the gravity of contentious issues between the parties. Disadvantages of ADR system There is no method which does not have its some demerits. In other words, a particular ADR method may not suit the requirement of the parties. Therefore, ADR has following demerits/disadvantages: 1. Unfamiliarity of the process is a factor covering obstruction in ADR. 2. In the case of unequal positions of the parties, the weaker party may not be willing to submit to the ADR process and prefer court protection. 3. Lack of binding effect of solution arrived after exercise of ADR process. 4. Disputes related to rights of parties and title could not be decided by means of ADR because in such matters the decision arrived at after the ADR process lacked enforcement. 5. Practically ADR process takes much time in obtaining consents of the parties before initiation of the process. The Nature and Concept of ADR 1. The ADR system is simple, free from procedural technicalities and result oriented. The ADR techniques are extra judicial in character. 2. The ADR resolution system covers the civil and commercial nature of disputes. The mechanism of ADR with the help of various alternative techniques given very encouraging results in several categories of disputes. 3. The role of the third person is a basic concept in ADR. In ADR disputes are settled with the assistance of a neutral third person. The neutral third person is selected or appointed by the parties of their own choice and without fear or favor in order to avoid any sort of bias. 4. The basic concept of the ADR system is to resolve disputes. Whatever the case may be, the basic concept is to manage and resolve the disagreements between the parties at the lowest cost and with little adverse impact on business activities. 5. The mechanisms of the ADR system are economical, Common and voluntary, this system results in huge savings to the litigant parties.   Direct Communication: During mediation, there's party to party direct communication.At least the parties have the realisation of being heard by the Mediators if the parties or either of them is being represented by an advocate.  The main characteristics of mediation are that it provides; a voluntary, non-binding, confidential and interest-based procedure. Parties are liberal to terminate mediation at any time after the primary meeting. No decisions are often imposed on the parties involved, and that they may or might not agree upon a negotiated settlement. The confidentiality principle assures that any options the parties discuss won't have consequences beyond the mediation process. Conciliation Meaning– Conciliation means, settling the dispute without litigation. Conciliation is an alternative dispute resolution whereby a third party ( i.e conciliator) meets the parties to resolve their differences and settle the dispute. Kinds of conciliation A)Voluntary conciliation – In Voluntary conciliation, parties can voluntarily participate in settling their dispute. B)Compulsory conciliation – In Compulsory conciliation parties do not want to participate in voluntary conciliation then they can go for compulsory conciliation. When the parties do not want to meet the other party to settle the dispute then the Compulsory conciliation method is used. In labour cases, the Compulsory conciliation method is commonly used. Application and Scope of Conciliation (Section -61) Section 61 of the Arbitration and Conciliation Act of 1996, deals with the application and scope of conciliation. It applies only those disputes submitted to conciliation and which dispute not submitted to conciliation then it not apply. Commencement of Conciliation Proceedings(Section -62) 1)The initiating conciliation party shall send to another party a written invitation for conciliation, written invitation contains the briefly and identifying the subject of dispute. 2)When another party accepts the invitation then conciliation proceedings shall commence. 3)Conciliation proceedings shall not commence when the other party rejects the invitation. 4)If initiating party does not receive a reply within 30days from the date on which he sends the invitation or within the period as mentioned in the invitation, then he may elect this as a rejection of conciliation and if he so elects then he shall inform in writing the other party. The number of conciliators- (Section -63) 1)There shall be one conciliator if the parties agree that there shall be two or three conciliators. 2) Where there is more than one conciliator, they must act jointly according to the general rule. Appointment of conciliators a)Both the parties may agree on the name of a sole conciliator b)There are two conciliators then each party may appoint one conciliator in conciliation proceedings. c)There are three conciliators, then each party may appoint one conciliator and both parties may agree on the name of the third conciliator who shall act as the presiding conciliator. d) The parties may enlist the help of the appropriate organisation or individual in the appointment of conciliator. e)The party may request such organization or person to recommend the names of suitable persons to act as a conciliator. what is conciliation in ADR Duties and Powers of Conciliator 1)Submission of statements to conciliator-(Section -65) After the appointment of the conciliator, he may request both parties to submit to him a brief written statement describing the issues and general nature of the dispute. At any stage of conciliation, the conciliator may request a party to submit additional information to him. 2)Conciliator not bound by certain enactment (Section -66) Conciliator is not bound by the Code of Civil Procedure, 1908 or Indian Evidence Act, 1872. 3)Role of conciliator (Section -67) The conciliator shall assist the parties independently and impartially and reach an amicable settlement of their dispute. In conciliation proceedings, at any stage conciliator propose settlement of the dispute. 4)Administrative assistance (Section – 68) In conciliation proceedings, arrange for administrative assistance by a suitable institution to conduct proceedings, with the consent of parties. 5)Communication between conciliators and parties (Section -69) In conciliation proceedings, the conciliator may invite the parties to communicate with parties orally or in writing. 6)Disclosure of information (Section -70) Conciliator shall disclose the information to be the other party when he receives factual information concerning the dispute from a party. 7)Cooperation of parties with conciliator (Section -71) Parties shall cooperate with the conciliator and shall attempt to comply with requests by the conciliator to submit written materials, provide evidence, and attend meetings. what is conciliation in ADR 8)Suggestions by parties for settlement of the dispute (Section – 72) 9)The settlement agreement (Section -73) When parties reach an agreement and a settlement of the dispute then parties may draw up and sign a written settlement agreement. It shall be final and binding on the parties. 10)Status and effect of the settlement agreement (Section -74) 11)Confidentiality (Section -75) In conciliation proceedings, the conciliator and parties shall keep confidential all matters relating to conciliation proceeding confidentiality shall extend also to the settlement agreement. 12)Termination of conciliation proceedings (Section -76) The conciliation proceedings shall be terminated -When parties singing the settlement agreement, on the date of the agreement. By a written declaration of the conciliator with parties after consultation. By a written declaration of the parties to the conciliator.By a written declaration of the parties to the other party. 13)Report to arbitral or Judicial proceedings (Section -77) It is a duty of conciliator to report to arbitral or Judicial proceedings. 14)Costs (Section -78) After termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and its borne equally by the parties, and the conciliator gives written notice to both the parties. 15)Deposite (Section -79) Conciliator may direct both parties to deposit amount as an advance for the costs referred to in section 78 and conciliator may direct supplementary deposits in an equal amount from both parties. 16)Role of conciliator in other proceedings (Section -80) Agreed by the parties-In any arbitral tribunal or judicial proceeding conciliator shall not be presented by  Enforcement of Domestic Arbitral Award : Until filing for compliance and execution, an award recipient would have to wait 90 days after receiving the award. The award may be questioned during the transitional period in compliance with Section 34 of the Act. When the above time expires, if a court considers the award enforceable at the execution point, the authenticity of the arbitral award cannot be questioned any further. Before the recent Law on Arbitration and Conciliation (Amendment),2015 (Amendment Act), a petition to set aside an award could equate to a stay in the award execution proceedings. Nevertheless, a party opposing a award would have to transfer a separate application to demand a stay on an award execution by virtue of the Amendment Act.  Enforcement of Foreign Arbitral Award : India is a signatory to Geneva Convention on the Execution of Foreign Arbitral Awards, 1927 (“Geneva Convention”) and Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“New York Convention”). If a party receives a binding award from a state signing the New York Convention or the Geneva Convention and the award is made in a territory recognized by India as a convention country, the award would then be enforceable in India. In India, implementing a foreign award is a two-stage procedure begun by filing a request for execution. Initially, a judge will decide if the award met with the law’s criteria. Once an award has been considered enforceable, it can be applied as a court order. At this point, however, parties should be aware of the various obstacles that may occur, such as frivolous complaints from the opposing party, and provisions such as bringing the award’s original / authenticated copy and the underlying agreement before the court. Conditions for enforcement of Arbitral Awards (domestic and foreign) A party may use the following grounds to contest an award. If the other party shows this, such an award would be made unenforceable. 1. According to the statute, the parties to the settlement were under any disability. 2. The agreement in question did not comply with the law to which the parties are subject or with the law of the country in which the award was made. 3. The party did not receive a proper notice of appointment from the arbitrator or the arbitral proceedings or was otherwise unable to bring his case before the arbitral tribunal. 4. The reward deals with a distinction that does not fall within the terms of the agreement. 1. The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872). 2. Subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings. 3. Failing any agreement referred to in sub-section (2), the arbitral tribunal may, subject to this Part, conduct the proceedings in the manner it considers appropriate. 4. The power of the arbitral tribunal under sub-section (3) includes the power to determine the admissibility, relevance, materiality and weight of any evidence. Place of arbitration— 5. The parties are free to agree on the place of arbitration. 6. Failing any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. 7. Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property. Commencement of arbitral proceedings— Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. Language— 8. The parties are free to agree upon the language or languages to be used in the arbitral proceedings. 9. Failing any agreement referred to in sub-section (1), the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings. 10.The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing and any arbitral award, decision or other communication by the arbitral tribunal. 11.The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal. Statements of claim and defence— 12.Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements. 13.The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. 14.Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it. Hearings and written proceedings— 15.Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials: Provided that the arbitral tribunal shall hold oral hearings, at an appropriate stage of the proceedings, on a request by a party, unless the parties have agreed that no oral hearing shall be held. 16.The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of documents, goods or other property. 17.All statements, documents or other information supplied to, or applications made to the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties. Default of a party— Unless otherwise agreed by the parties, where, without showing sufficient cause,— 18.the claimant fails to communicate his statement of claim in accordance with sub-section (1) of section 23, the arbitral tribunal shall terminate the proceedings; 19.the respondent fails to communicate his statement of defence in accordance with sub-section (1) of section 23, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant; 20.a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the arbitral award on the evidence before it. Expert appointment by arbitral tribunal— 21.Unless otherwise agreed by the parties, the arbitral tribunal may— a. appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal, and b. require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection. 22.Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in an oral hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue. 23.Unless otherwise agreed by the parties, the expert shall, on the request of a party, make available to that party for examination all documents, goods or other property in the possession of the expert with which he was provided in order to prepare his report. Court assistance in taking evidence— 24.The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the court for assistance in taking evidence. 25.The application shall specify— a. the names and addresses of the parties and the arbitrators; b. the general nature of the claim and the relief sought; c. the evidence to be obtained, in particular,— the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated. 12.The arbitral award shall state the reasons upon which it is based, unless — a. the parties have agreed that no reasons are to be given, or b. the award is an arbitral award on agreed terms under section 30. 13.The arbitral award shall state its date and the place of arbitration as determined in accordance with section 20 and the award shall be deemed to have been made at that place. 14.After the arbitral award is made, a signed copy shall be delivered to each party. 15.The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award. 16. a. Unless otherwise agreed by the parties, where and in so far as an arbitral award is for the payment of money, the arbitral tribunal may include in the sum for which the award is made interest, at such rate as it deems reasonable, on the whole or any part of the money, for the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made. b. A sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the rate of eighteen per centum per annum from the date of the award to the date of payment. 17.Unless otherwise agreed by the parties,— a. the costs of an arbitration shall be fixed by the arbitral tribunal; b. the arbitral tribunal shall specify— i. the party entitled to costs, ii. the party who shall pay the costs, iii.  the amount of costs or method of determining that amount, and iv. the manner in which the costs shall be paid. Explanation—For the purpose of clause (a), “costs” means reasonable costs relating to—  the fees and expenses of the arbitrators and witnesses,  legal fees and expenses,  any administration fees of the institution supervising the arbitration, and  any other expenses incurred in connection with the arbitral proceedings and the arbitral award. Termination of proceedings— 1. The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2). 2. The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where— a. the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute, b. the parties agree on the termination of the proceedings, or c. the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible. 3. Subject to section 33 and sub-section (4) of section 34, the mandate of the arbitral tribunal shall terminate with the termination of the arbitral proceedings. Correction and interpretation of award; additional award—  Within thirty days from the receipt of the arbitral award, unless another period of time has been agreed upon by the parties— 1. a party, with notice to the other party, may request the arbitral tribunal to correct any computation errors, any clerical or typographical errors or any other errors of a similar nature occurring in the award; 2. if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award. %2. If the arbitral tribunal considers the request made under sub-section (1) to be justified, it shall make the correction or give the interpretation within thirty days from the receipt of the request and the interpretation shall form part of the arbitral award. %2. The arbitral tribunal may correct any error of the type referred to in clause (a) of sub-section (1), on its own initiative, within thirty days from the date of the arbitral award. %2. Unless otherwise agreed by the parties, a party with notice to the other party, may request, within thirty days from the receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award. %2. If the arbitral tribunal considers the request made under sub-section (4) to be justified, it shall make the additional arbitral award within sixty days from the receipt of such request. %2. The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation or make an additional arbitral award under sub-section (2) or sub-section (5). %2. Section 31 shall apply to a correction or interpretation of the arbitral award or to an additional arbitral award made under this section.