Article by Ginny J. Rautray and Saurendra
Rautray*
I. Introduction:
Arbitration may be defined as "the process by which a
dispute or difference between two or more parties as to their
mutual legal rights and liabilities is referred to and determined
judicially and with binding effect by the application of law by one
or more persons (the arbitral tribunal) instead of by a court of
law"1.
There can be reference to arbitration only if there is an
arbitration agreement between the parties. The Act makes it clear
that an arbitrator can be appointed under the Act at the instance
of a party to an arbitration agreement only in respect of disputes
with another party to the arbitration agreement. If there is a
dispute between a party to an arbitration agreement, with other
parties to the arbitration agreement as also nonparties to the
arbitration agreement, reference to arbitration or appointment of
arbitrator can be only with respect to the parties to the
arbitration
