Study notes on arbitration and conciliation act 1996 pdf
File Name: study notes on arbitration and conciliation act 1996 .zip
- UPSC Mains Law Paper Topic : Arbitration & Conciliation Act, 1996
- All about Arbitration and Conciliation Act, 1996 By: Abhipsha Mohanty
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 '.
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.