Arbitration and Conciliation Act 1996 Notes [Arbitration Law Notes]

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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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Note: For books on Alternate Dispute Resolution Mechanisms, click here.

Notes on Arbitration Law [Arbitration and Conciliation Act 1996 Notes]

Introduction to Alternate Dispute Resolution Mechanisms

TopicLink To Notes
Alternate Dispute Resolution Mechanisms: An OverviewView Here
Negotiation: A Mode of ADRView Here
Scope of Alternative Dispute ResolutionView Here
Historical Background of Alternative Dispute ResolutionView Here
Advantages and Disadvantages of Alternative Dispute ResolutionView Here
Types of Lok AdalatView Here
Importance of Alternative Dispute ResolutionView Here
Types of Dispute Resolution in IndiaView Here
Difference Between Dispute Resolution Mechanism and Alternative Dispute ResolutionView Here
What is Negotiation in Legal Disputes?View Here
Difference Between Litigation and Alternative Dispute ResolutionView Here
Why is ADR Important in Reducing Court Backlog in India?View Here
What is a Dispute Resolution Mechanism?View Here
What is Online Dispute Resolution?View Here
Benefits of MediationView Here

Introduction to Arbitration

TopicLink To Notes
What is Arbitration?View Here
Types of ArbitrationView Here
What is Ad Hoc Arbitration?View Here
Scope of Arbitration in India: A Comprehensive OverviewView Here
Difference Between Arbitration and AdjudicationView Here
Difference Between Arbitration and LitigationView Here
Difference Between Mediation and ArbitrationView Here
Landmark Judgements on Arbitration in India in 2025View Here
Landmark Judgements on Arbitration in IndiaView Here
Hybrid Arbitration: All You Need to KnowView Here
Difference Between Arbitration, Conciliation and MediationView Here
Difference Between Arbitration and ConciliationView Here

Arbitration Agreements under the 1996 Act

TopicLink To Notes
Arbitration Agreement under Arbitration and Conciliation Act  
– 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
View Here
Essentials of Arbitration AgreementView Here
Section 11 of the Arbitration and Conciliation ActView Here
Who Can Enter Into Arbitration Agreement?View Here
Non-Signatories to Arbitration AgreementsView Here
Effect of Novation and Assignment on Arbitration AgreementsView Here
Validity of an Unstamped Arbitration AgreementView Here
Validity of Arbitration Clauses in Standard Form ContractsView Here
Incorporation of Arbitration Clause by ReferenceView Here
Restrictive Arbitration Clauses: Meaning, Validity, and Judicial ApproachView Here
What are Pathological Arbitration Clauses?View Here
Doctrine of Separability in ArbitrationView Here

Arbitrators

TopicLink
Who Is an Arbitrator?View Here
Emergency Arbitrator in Indian Arbitration LawView Here
Grounds for Challenging Appointment of an ArbitratorView Here
Substitution and Replacement of ArbitratorsView Here
Termination of Mandate of ArbitratorView Here
Removal of an Arbitrator under Arbitration and Conciliation Act, 1996View Here
Appointment of Arbitrators under Arbitration and Conciliation Act, 1996View Here
Ineligibility of Arbitrators Under Section 12(5) of Arbitration and Conciliation Act, 1996View Here
Disclosure Obligations of Arbitrators Under Section 12View Here
Independence and Impartiality of ArbitratorsView Here

Composition of Arbitral Tribunal

TopicLink To Notes
Composition of an Arbitral Tribunal under Arbitration And Conciliation Act  
– 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.
View Here
Unilateral Appointment of ArbitratorView Here

Arbitral Tribunal

TopicLink
What Is an Arbitral Tribunal?View Here
Is an Arbitral Tribunal a Court?View Here
Difference Between Tribunals and Arbitral TribunalsView Here
Interim Measures by Court and Arbitral Tribunal: Section 9 and 17View Here
Enforcement of Interim Orders Under Section 17 of Arbitration and Conciliation Act, 1996View Here

Jurisdiction of Arbitral Tribunal

TopicLink To Notes
Jurisdiction of Arbitral Tribunal under the Arbitration and Conciliation Act  View Here
What is Kompetenz-Kompetenz Principle?View Here
Where to File an Application to Set Aside an Arbitral AwardView Here

Conduct of Arbitral Proceedings

TopicLink
Conduct of Arbitral Proceedings under Arbitration and Conciliation Act, 1996View Here
Joinder of Parties and Consolidation of Arbitral ProceedingsView Here
Role of Expert Witnesses in ArbitrationView Here
Fast Track Arbitration Under Section 29B of Arbitration and Conciliation Act, 1996View Here
Time Limits for Arbitration Under Section 29AView Here

Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996

TopicLink To Notes
What is an Arbitral Award?View Here
Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996  
– Rules applicable to the substance of the dispute
– Settlement
– Form and contents of an arbitral award
– Termination proceeding
– Effect of an award.
View Here
Types of Arbitral Awards in IndiaView Here
Understanding the Significance of Seat and Venue in ArbitrationView Here
Can Arbitral Awards Be Challenged?View Here
Grounds for Challenging an Arbitral AwardView Here
Setting Aside of Arbitral Awards Under the Arbitration and Conciliation Act, 1996View Here
Public Policy of India as a Ground to Set Aside Arbitral AwardsView Here
Patent Illegality in Arbitration View Here
Difference Between Setting Aside and Appeal in ArbitrationView Here
Consent Award in ArbitrationView Here
Settlement Agreement under Section 73 Arbitration and Conciliation Act, 1996View Here

Enforcement of Award under Arbitration and Conciliation,1996

TopicLink To Notes
Enforcement of Arbitral Award under Arbitration and Conciliation,1996  
– Recourse against Arbitral Award
– Finality and Enforcement of Arbitral Awards
– Appeals
View Here
Limitation Period for Section 37 Applications under Arbitration and Conciliation Act, 1996View Here
Enforcement of Foreign Awards in IndiaView Here
Stay of Enforcement of Arbitral AwardsView Here
Anti-Arbitration Injunctions in IndiaView Here
Extent of Judicial Intervention in ArbitrationView Here

Conciliation under Arbitration and Conciliation,1996

TopicLink To Notes
Conciliation and Conciliators under Arbitration and Conciliation Act, 1996  View Here
Appointment of ConciliatorView Here
Role of ConciliatorView Here
Process of ConciliationView Here
Difference Between Conciliation and MediationView Here

Mixed Forms of Dispute Resolution

TopicLink
What is Arb-Med-Arb Mechanism of Dispute Resolution?View Here
Braided / Mixed Med-ArbView Here
Arbitration-Mediation (Arb-Med)View Here
Mediation-Arbitration (Med-Arb)View Here
Differences Between Arb-Med and Med-ArbView Here

Contemporary Developments

TopicLink To Notes
Mediation Act, 2023View Here
Group of Companies Doctrine in Arbitration ProceedingsView Here
Analysis of Section 42 on Section 8, 9 and 11 of the Arbitration and Conciliation ActView Here
Role of Arbitration in Resolving Domain Name Disputes: Position in IndiaView Here
Annulment Proceedings under the ICSID Arbitration RulesView Here
Does Arbitration Hinder the Growth of Common Law Jurisprudence?View Here

Note: For books on Alternative Dispute Resolution Mechanisms, click here.

For notes on other subjects, click here.

For case briefs and analysis, click here.

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Aishwarya Agrawal
Aishwarya Agrawal

Aishwarya is a gold medalist from Hidayatullah National Law University (2015-2020). She has worked at prestigious organisations, including Shardul Amarchand Mangaldas and the Office of Kapil Sibal.

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