Chapter- 4 Arbitration Proceedings and Powers of Arbitrators

Section 21: Power of the Arbitrator

Estimated reading: 2 minutes 33 views

1) The powers of the arbitrator shall be as follows, except when otherwise provided for in the agreement:

(a) To direct the concerned parties to appear before him/her to submit documents and record their statements as required.
(b) To record statements of the witness.

(c) To appoint an expert and seek their opinion or cause examination on any specific issue.

(d) In case the party is a foreign national so that, the decision pronounced by the arbitrator is not likely to be implemented for that reason to obtain a bank guarantee or any other appropriate guarantee as determined by the arbitrator.

(e) To inspect the concerned place, object, product, structure, production process or any other related matter which are connected with the dispute on the request of the parties or on his/her own initiative if he/she so deems appropriate, and in case there is any material or object which is likely to be destroyed or damaged, to sell them in consultation with the parties, and keep the sale proceeds as a deposit.

(f) To exercise any specific power conferred by the parties.

(g) To issue preliminary orders, or interim or inter-locating orders in respect to any matter connected with the dispute on the request of any party, or take a conditional decision.

(h) To issue a certified copy of the document.

(i) To exercise the other power conferred by this Act.

2) Any party which is not satisfied with the order issued by the arbitrator pursuant to Clause (g) of Sub-section (1) may submit an application to the appellate court within 15 days, and the decision made by the Appellate Court shall be final.

Share this Law

Section 21: Power of the Arbitrator

Or copy link

Discover Nepal's laws effortlessly. Our user-friendly platform simplifies legal understanding and accessibility, serving individuals throughout the country.