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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Table of Contents
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
- Equal treatment of parties
- Determination of rules of procedure
- Place of arbitration
- Commencement of Arbitral Proceedings
- Language
- Statement of claim and defence
- Hearing and written proceedings
- Default of a Party
- Expert appointment by arbitral tribunal
- Court assistance in taking evidence
Summary on Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996
MAKING OF ARBITRAL AWARD AND TERMINATION OF PROCEEEINGS
- 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?
For notes on other subjects, click here.
For case briefs and analysis, click here.
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