Question

Arbitrator make an award in case there has been no prayer made before the arbitrator?

Answer 1

Can the Arbitrator make an award in case there has been no prayer made before the Arbitrator? Truthfinder is the country's leading source for arrest records. ... However, the Arbitrator will have to draw out from the parties the precise relief sought by both the parties or some times, from each of the parties.

Answer 2

This is a hypothetical question. An Arbitrator is appointed only to resolve a dispute which means there is a specific prayer. The dispute itself reveals the issue/s at stake and what the parties to the dispute are contending. It is not difficult to assume what is expected by the warring parties; but that is not enough or conclusive.

However, the Arbitrator will have to draw out from the parties the precise relief sought by both the parties or some times, from each of the parties. Framing of issues by the Arbitrator will usually aid highlighting the possible relief and thus, the prayer,

But, without a specific prayer, the arbitration proceedings will be an exercise in futility. It is not only difficult but inappropriate on the part of the Arbitrator to assume things and award.


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