The Arbitration and Conciliation Act,1996 was enacted with the objective of “to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of the foreign award, and also to define the law relating to the conciliation”.
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Introduction to Alternate Dispute Resolution Mechanisms
Arbitration Agreement
To read notes on ‘Arbitration Agreement’, Click Here.
- Arbitration Agreement
- Power to refer parties to arbitration where there is an arbitration agreement
- Rule of severability
- Laws to be applied to an arbitration
- Extent of Judicial Intervention
- Interim measures
- Termination of the arbitration agreement
Composition of Arbitral Tribunal
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- Number of arbitrators
- Appointment of arbitrators
- Powers, Duties and liabilities of arbitral tribunal
- Grounds for challenge
- Practice and Procedure
- Challenge and termination of authority of arbitrators.
Jurisdiction of Arbitral Tribunal
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- Competence of arbitral tribunal to rule on its jurisdiction (kompetenze-kompetenze)
- Interim measures ordered by arbitral tribunal.
Conduct of Arbitral Proceedings
- Introduction
- Section 18: Equal treatment of parties
- Section 19: Determination of rules of procedure
- Section 20: Place of arbitration
- Section 21: Commencement of Arbitral Proceedings
- Section 22: Language
- Section 23: Statement of claim and defence
- Section 24: Hearing and written proceedings
- Section 25: Default of a Party
- Section 26: Expert appointment by arbitral tribunal
- Section 27: Court assistance in taking evidence
Summary on Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996
Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996
- Rules applicable to substance of dispute
- Settlement
- Form and contents of arbitral award
- Termination proceeding
- Effect of an award.
Enforcement of Award under Arbitration and Conciliation,1996
To read notes on ‘Enforcement of Award’ for below mentioned points, Click Here.
- Recourse against Arbitral Award
- Finality and Enforcement of Arbitral Awards
- Appeals
Conciliation under Arbitration and Conciliation,1996
- Appointment of Conciliator
- Role of Conciliator
- Commencement of conciliator proceedings
- termination of conciliation proceedings
- Principle of confedentiality.
Contemporary Developments
- Analysis of Section 42 on Section 8, 9 and 11 of the Arbitration and Conciliation Act
- Role of Arbitration in Resolving Domain Name Disputes: Position in India
- Annulment Proceedings under the ICSID Arbitration Rules
- Does Arbitration Hinder the Growth of Common Law Jurisprudence?
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For case briefs and analysis, click here.
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