Study notes on arbitration and conciliation act 1996 pdf

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study notes on arbitration and conciliation act 1996 pdf

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Arbitration , a form of alternative dispute resolution ADR , is a way to resolve disputes outside the judiciary courts. The dispute will be decided by one or more persons the 'arbitrators', 'arbiters' or ' arbitral tribunal ' , which renders the ' arbitration award '.

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. The main objective of the Arbitration Act is to make provision for an arbitral procedure which is fair, efficient and capable of meeting the needs of the specific arbitration and to minimize the supervisory role of the courts in the arbitral process and to permit an arbitral tribunal to use mediation, conciliation or other procedures during the arbitral proceedings in settlement of the disputes. In furtherance of the aforesaid objective, the Arbitration Act underwent two major amendments in the year and , respectively, in order to bring forth pertinent changes in the arbitration landscape of the country with the sole motive of making India an arbitration friendly nation.

Arbitration

The Arbitration and Conciliation Act, envisages provisions pertaining to arbitral proceedings and awards in India. The paper illustrates the provisions and relevant case laws for better understanding of the topic. On account of surge in commercial transactions in our day-to-day lives, arbitration agreement and resort to arbitral proceedings for settlement of disputes has become a mundane topic. Chapter V of the Act deals with the conduct of arbitral proceedings. The Act provides for giving of equal opportunity to all parties to arbitration to present their case. It further enumerates that the parties are free to decide the manner in which the arbitral proceedings are to be conducted. If the parties to fail in arriving at a decision, the Arbitral Tribunal may determine the manner of proceedings and also the admissibility, relevance, materiality and weight of any evidence.

UPSC Mains Law Paper Topic : Arbitration & Conciliation Act, 1996

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.


Short title, extent and commencement. (1). This Act may be called the Arbitration and Conciliation Act, (2). It extends to the whole of India: Provided that.


All about Arbitration and Conciliation Act, 1996 By: Abhipsha Mohanty

Section 34 of the Arbitration and Conciliation Act, Act provides for setting aside of an arbitral award by making an application to the Court, on the grounds stated therein. It would not be wrong to say that section 34 of the Act has evolved since to what we read today. This evolution can be traced through the following judgments and the amendments that eventually occurred.

Short Note on Arbitral Proceedings

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