arbitration and conciliation act 1996 notes pdf

Arbitration and conciliation act 1996 notes pdf

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Arbitration and Conciliation Act,1996 [HINDI]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. The Arbitration and Conciliation Act, " Arbitration Act " has been enacted in order to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation.

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This article is written by Shalu Gothi, B. LLB Hons. This article talks about the law governing arbitration in India i. In India, at present, the arbitration is governed by the law of arbitration which is mainly provided under the Arbitration and Conciliation Act, Before this Act, there were 3 Acts that governed the law of arbitration such as:.

These aforesaid Acts were repealed by the Arbitration and Conciliation Act in , in order to exercise the duty provided under the Constitution of India in its Article It also contributed in drafting and implementing the provisions of the Arbitration and Conciliation Act, The Arbitration and Conciliation Act o f is the main governing law for arbitration in India.

This Act is divided into 4 parts:. This Act is a composite piece of the legislature, Parts I and Part II are the most significant parts that govern both domestic and international arbitration in India. This part describes the following provision.

In this Act, arbitration includes any form of arbitration whether it is administered by permanent arbitration or not. An arbitration agreement means the agreement between the parties under which they agree to submit their dispute to the arbitration.

The arbitration tribunal may consist of a sole arbitrator as well as the panel of arbitrators. International commercial arbitration is an arbitration agreement under which the parties constitute a legal relationship between them which is commercial in nature where at least one party is:.

In this Act, an arbitration award is defined inclusively which says that it includes interim awards however what exactly is an award is not fined. Generally, it is considered as adjudication and final decision of arbitrator which is based on the contention of the disputing parties.

According to this Act, any receipt of written communication is deemed to have been received when it is delivered to the residential or business place of the person concerned. An arbitration agreement is a written document upheld by the parties of arbitration in order to settle their dispute outside the Court by the process of arbitration.

This Act leaves at parties to decide the number of the arbitrator with a condition that such number shall be an odd number. In case parties fail to determine the number the arbitrator shall consist of a sole arbitrator. According to this Act, there are two ways to appoint an arbitrator. First, if the parties have agreed upon any specific procedure for the appointment then the dispute between them is decided in accordance with that and recourse to the Chief Justice or his designate cannot be taken straightway, however, if they fail to decide the said procedure, then the Chief Justice or any person or institution designated by him shall have to appoint an independent and impartial arbitrator.

This Act requires a prospective arbitrator to disclose any circumstances likely to give rise to justifiable doubts in the minds of the parties about his independence and impartiality. It seems to be an obligation upon the appointed arbitrator to make such disclosure even during the arbitral proceeding proclaim the unambiguous legislative disapproval of the appointment or continuance of a person against whom circumstances exist giving rights to justifiable doubts as to his independence and impartiality.

This Act imposes a dual-duty on the arbitral tribunal, firstly it will act in an impartial manner and should give equal treatment to each party. Secondly, the arbitral tribunal should give each party a full opportunity to present its case. This Act expressly excludes the applicability of the Code of Civil Procedure, in an arbitration proceeding that is required to be concluded and resolved by the arbitration tribunal and, if it fails to do so, the arbitration tribunal will conduct its proceeding in the manner in which it considers appropriate.

However, in the case of Municipal Corporation of Delhi v. In this Act, the parties are free to agree to a place of arbitration, however, in case of failure of the parties to agree to a place of arbitration, the arbitral tribunal after considering the circumstances of the case and convenience of the parties will determine the place for holding the arbitral proceedings.

In this Act, the parties have the freedom to decide the language or language to be used in arbitral proceedings by agreement. In case of no agreement on it. In this Act, excepting arbitration other than international commercial arbitration, an arbitral tribunal shall decide the dispute submitted to it for arbitration in accordance with the substantive law for the time being in force in India.

However, in case of international commercial arbitration, the arbitral tribunal shall decide the dispute according to the law or legal system specified by the parties unless otherwise agreed, as referring directly to the substantive law of the specified country and not to its conflicts of laws, rules. If no law is specified by the parties, the arbitral tribunal shall apply the rules considered to be appropriate according to the overall circumstances of the dispute. In this Act, it is the duty of the arbitral tribunal to encourage the party to settle their dispute by using conciliation, mediation or any other procedure at any time during the arbitration proceeding.

And if the parties agree for settlement, the arbitral tribunal shall terminate the proceedings and record such settlement in the form of an award made in accordance with Section 31 of this Act. This award will have the same status and force as an award on merit i. In this Act, an arbitral award is considered as the determination of arbitrator in the arbitral proceeding. It must be written and signed by parties. It also contains the following attributes:.

In this Act, the arbitral tribunal is empowered to terminate the proceeding of arbitration through passing the final arbitral award or any other order. The termination shall be made in the following cases:. This Act gives the following powers to the arbitration tribunal with respect to the award made by itself:. These powers are exercised either on request present by parties or on its own initiative within 30 days from the date of the award.

This part specifically deals with enforcement of foreign awards. The provisions of this part are based on the New York Convention and the Geneva Convention respectively. This part describes the following important provisions:.

In this Act, the foreign award is defined as an award of dispute which arises due to the legal relationship between the parties whether contractual or not but commercial in nature.

In order to apply the provision of an arbitration agreement for enforcement of foreign award, it is necessary that:. This Act merely empowers the Court to declare that the foreign award is enforceable under the provisions of its chapter 2. At the moment such declaration is granted, an award shall be deemed to be a decree of the Court, it is open to the parties to seek its execution in accordance with the provisions of the code of civil procedure, For the enforcement of the foreign award made under this Act, the following conditions shall be necessary:.

In recent years, the arbitration and other ADR mechanisms have gained more importance than the traditional judicial method due to low risk and time factors and the Arbitration and Conciliation Act, has not left any stone untouched to simplify the procedure for it. However, time to time amendment is necessary for its effective implementation. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:.

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The Bill was listed as a part of the agenda for the monsoon session of the Indian Parliament and was passed by the Lower House on 10 August , without any amendments. The text of the Bill can be found here. The key features of the Bill are:. The MCIA has been established as a joint initiative between the government of Maharashtra in India and the domestic and international business and legal communities. This decision marks the first time that an Indian court has invoked section 11 of the Amended Act to designate an institution to assist with the appointment of an arbitrator. Its full report is published here.

Arbitration and Conciliation Act,1996 [HINDI]

The Arbitration and Conciliation Act, BE it enacted by Parliament in the Forty-seventh Year of the Republic of India as follows:- An Act to 'consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. Follow SCJudgments. Login : Advocate Client.

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