Arbitration and Conciliation

THE ARBITRATION AND CONCILIATION ACT, 1996
Why ADRs
Resolutions of disputes through judicial
process is very time consuming and costly in terms of time, money and energy. Litigations
And so we need Alternate Dispute Resolution
30/11/09 Prof. Navin Shrivastava 2
Methods of ADR
Negotiation Mediation Conciliation Arbitration
30/11/09
Prof. Navin Shrivastava
3
Arbitration Defined : Halsbury’s Law
An Arbitration is the reference of a dispute between not less than two parties, for determi
Different parts of the Act
Part I – Domestic arbitration Part II – Enforcement of foreign awards. Part III – Conciliat
30/11/09
5
Amendment of the law
U. N. commission on international
trade law.(UNCITRAL) --1985 ---the uniformity in the law of Arb procedures and the specific
30/11/09
6
Advantages of Arbitration
Arbitration affords the parties a choice of the law & a choice of the judges that they do w
Objectives of Amendment
Minimise the supervisory role of the Courts Arbitral Tribunal to give reasons for Award
Mediation,Conciliation, other procedures Arbitral Award enforced as if it were a decree o
30/11/09
8
Expectations from Arbitration
An impartial, and expert, tribunal or arbitrator
will decide the case.
The parties can select arbitrators with expertise
in the issues and professionals who can be expected to reach reasonable decisions founded u
Privacy
30/11/09
9
Benefits for the Parties
1. Choose the arbitrator(s); 2. Choose the issues to be arbitrated; 3. Choose the pla
In a country signatory to the New York
Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Con
No such all-encompassing Convention or
Treaty or legal regime applies to judgments rendered in national courts.
ADVANTAGES OF ARBITRATION
Technical matter : appropriate special
qualifications of the Arbitrator. Speedier than a court case saving in the costs unwa
the International Chamber of Commerce s International
30/11/09
Conduct of arbitrations by permanent institutions
Court of Arbitration, World Intellectual Property Organization (WIPO) Arbitration Center, A
TERMS OF AN ARBITRATION AGREEMENT
Insert lawful terms as parties wish terms must be stated with certainty powers of Arb
should be inserted Composition of Arbitral Tribunal
Disputes inappropriate for resolution by arbitration
French law: bankruptcy matters are inarbitrable. India:
Matrimonial matters, like divorce or restitution of conjugal rights; matters relating t
matters falling within the purview of the Monopolies and Restrictive Trade Practices Act;
referred to arbitration.
30/11/09
15
THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2003
to enable the judicial authority to decide jurisdictional
issues, to empower the Courts to make reference to arbitration in case all the parties to
30/11/09
16
THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2003-2
where the place of arbitration under Part I of is in
India, between Indian parties or an international arbitration Indian law will apply. comp
THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2003-3
provide for the Arbitration Division in the High
Courts, for the speedy enforcement of awards provide provisions for speeding up and compl
Arbitration Agreement-Section -7
(1) an agreement ---to submit all or certain disputes which have arisen or which may arise-
30/11/09
19
Appointment of an Arbitrator
Section -11:
(1) person of any nationality (2) parties to agree on a procedure for appointment of Arb.
Procedure by Arbitrator
Delivery of points of claim and
defence--similar to pleadings particulars of claim and counterclaim discovery and inspe
30/11/09
21
Procedure
Claimant (or advocate) opens his case
---also defence to counterclaim Claimant calls and examines his witness-who may be cross
If witness is cross examined the Respondent may
re-examine him Respondent addresses the Arbitrator The claimant replies Sec.19 ---not
30/11/09
23
JUDICIAL INTERVENTION
Sec.8--shall refer the matter to Arb. In a matter
which is the subject of an Arb. Sec. 35 --finality of Arb. Awards Sec. 34--court can se
Sec. 34--court can set aside Arb. Award 1. Incapacity of the parties. 2. Not valid under la
No second appeal will lie from an order passsed in
an appeal:: right to appeal to the S.C. is not affected Sec.--37 Mandatory for judicial a
30/11/09
26
Content of Arb. Award
Sec. 31--(1) shall be made in writing& signed by the Arb. Tribunal (3) shall state the reas
(7)(a) payment of money: include in the sum
for which award is made ---interest to paid from date on which cause of action arose & the
30/11/09
28

Arbitration and Conciliation

Enviado por

Dados do documento

Descrição original:

Título original

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

Arbitration and Conciliation

Enviado por

Direitos autorais:

Formatos disponíveis

THE ARBITRATION AND CONCILIATION ACT, 1996

Você também pode gostar