Indian Law

 

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Arbitration
•Arbitration & Conciliation Act 1996

The 1996 Act is based on the UNCITRAL model law on international and commerical arbitration which was adopted on 21-6-1985 by the UN Commision on International trade law.It has provided a unified formula for both international commercial arbitration and domestic arbitration and has consolidated the entire law on arbitration in one single Act.

Highlights of the Arbitration Act (1996):

  • Section 5
    It provides judicial authority can intervene only where it is so specifically provided in Part 1 of the Act.
  • Section 9

The Courts powers to intervene are contain in the section for making interim measures.Sec 17 deals with the interim measures that can be taken by the tribunal .

  • Section 16

Arbitral tribunal are competent to rule on its own jurisdicition and to consider objections with respect to the existence or validity of the arbitration agreement .

  • Institutional Arbitration

The new Act has for the first time recognised and laid emphasis on the institutional arbitration specially in the context on commercial arbitration. such as:

 

 

 

 

• Q & A

Q1:What are the various forms of arbitration?

A1: 1:AdHoc Arbitration -Is arbitration agreed to and arrange by parties themselves without any recourse to any institution.

2:Institutional Arbitration:Is arbitration conducted under the rules laid down by an estb. arbitration organizition.

3:Specialised Arbitration:Is arbitration conducted under the auspices of arbitral institutions which have frame special rules to meet the specific requirements of the conduct of the arbitration in respect of the disputes of particular types such as: maritime,construction etc.

4:Statutory Arbitration:Is arbitration conducted in accordance with the provisions of certain special acts which specifically provide for arbitration in respect od disputes arising form matters covered by those Acts.There are about 24 such central Acts. Such as; Co-operative Societies Act 1912,Land Acquisition Act 1894 .

Q2: What is Conciliation?

A2:Conciliation is technique of ADR which has now accquire statutory recognition in the Arbitration Act ,1996.

Q3:Difference between Arbitration aand Conciliation?

A3:Conciliation :The role of the conciliator is to assist the parties in their endeavour to reach a solution for their disputes .

Arbitration: Whereas the Arbitator not only assist the parites but gives a binding decision.

Q4:Why resort to Arbitration?


A4: Its advantages are:

  • Hassle free from court's proceeding .
  • Confidentiality.
  • Speedy resolution.
  • Suiting to your time and place.
  • Arbitrator of your choice.
  • Saving of money and time.
  • Simple as compared to process at court .

 

 
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