The Arbitration Law of India (which possesss huge potential to become a global hub for Arbitration) has undergone a change after the recent Amendments of 2015. This book contains an analysis of Indian law of Arbitration, id est The Arbitration and Conciliation Act, 1996 alongwith recent amendments of 2015.
The book contains section by section in-depth analysis with help of recent relevant judicial pronouncements. The book also contains a separate chapter on recent landmark judicial pronouncements by Indian Courts which has led to improving image of India from anti Arbitration to Pro-Arbitration state.
Table of Contents
CHAPTER 1:
HISTORY OF ARBITRATION LAW
International Law
A Brief History of Arbitration Law in India
CHAPTER 2:
DOMESTIC ARBITRATION
Preliminary
Section 1. Short title, extent and-commencement.
Part- II
Section 2. Definitions.
Section 3. Receipt of written communications.—
Section 4. Waiver of right to object.
Section 5. Extent of judicial intervention.
Section 6. Administrative Assistance.
Section 7. Arbitration Agreement.
Section 8. Power to refer parties to arbitration where there is an arbitration agreement.
Section 9. Interim measures, etc. by court.
Section 10. Number of arbitrators.
Section 10. Appointment of Arbitrators.
Section 11. Grounds for Challenge.
Section 12. Challenge Procedure.
Section 13. Failure or impossibility to act.
Section 14. Termination of mandate and substitution of arbitrator.
Part II- Chapter IV: Jurisdiction of Arbitral Tribunals
Section 15. Competence of arbitral tribunal to rule on its jurisdiction.
Section 16. Interim measures ordered by arbitral tribunal.—
Chapter V: Conduct of Arbitral Proceedings
Section 17. Equal treatment of parties.
Section 18. Determination of rules of procedure.
Section 29. Place of arbitration.
Section 20. Commencement of arbitral proceedings.
Section 21. Language.
Section 22. Statements of claim and defence.
Section 23. Hearings and written proceedings.
Section 24. Default of a party.
Section 25. Expert appointment by arbitral tribunal.
Section 26. Court assistance in taking evidence.
Part II, Chapter-VI: Making of Arbitral Award and Termination of Proceedings
Section 27. Rules Applicable to Substance of Dispute.
Section 28. Decision making by panel of arbitrators. –
Section 29A. Time limit for arbitral award.—
Section 29B. Fast track procedure.—
Section 30. Settlement of disputes – Registration and Stamp duty
Section 31. Form and contents of arbitral award.
Section 31A. Regime for costs.
Section 32. Termination of proceedings.
Section 33. Correction and interpretation of award; additional award.—
Part II, Chapter VII: Recourse against Arbitral Award
Section 34. Application for setting aside arbitral award.
Section 35. Finality of Arbitral Awards.—
Section 36. Enforcement-
Part II, Chapter IX: Appeals
Section 37. Appealable orders.—
Part II, Chapter X: Miscellaneous
Section 38. Deposits.
Section 39. Lien on arbitral award and deposits as to costs.
Section 40. Arbitration agreement not to be discharged by death of party thereto.
Section 41. Provisions in case of insolvency.
Section 42. Jurisdiction.—
Sec. 43. Limitations.—
CHAPTER 3:
ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
Enforcement of Arbitral Award: The Geneva and New York Conventions
Part II of the Arbitration and Conciliation Act, 1996: Reflection of International Statutes in Municipal Law
Section 44. Definition
Section 45. Power of judicial authority to refer parties to arbitration.
Section 46. When Foreign Award Binding.
Section 47. Evidence.
Section 48. Conditions for Enforcement of Foreign Awards.
Section 49. Enforcement of Foreign Awards.
Section 50. Appealable Orders.
Sec. 52. Chapter II not to apply.
Part II Chapter II: Geneva Convention Awards
Section 53. Interpretation.
Section 54. Power of judicial authority to refer parties to arbitration.
Section 55. Foreign awards when binding.
Section 56. Evidence.
Section 57. Conditions for enforcement of foreign awards.
Section 58. Enforcement of Foreign Awards.
Section 59. Appealable Orders.
Section 60. Saving.
CHAPTER 4:
JUDICIAL RESPONSE TO ARBITRATION INDIA
Application of part I to foreign awards: Pre BALCO erroneous judicial interpretations
Bharat Aluminum Company and ORS. v. Kaiser Aluminum Technical Service, INC. And ORS. (BALCO-I) - A Case Study
Enforcement of foreign Award and Post BALCO Judicial trend: a Dawn New Era
Commercial Divisions in High Courts: a New Beginning in Expeditious Judicial Determination of Commercial Disputes
CHAPTER 5:
CONCILIATION
Section 61. Application and scope.
Section 62. Commencement of conciliation proceedings.
Section 63. Number of conciliators.
Section 64. Appointment of conciliators.
Section 65. Submission of statements to conciliator.
Section 66. Conciliator not bound by certain enactments.
Section 67. Role of conciliator.
Section 68. Administrative assistance.
Section 69. Communication between conciliator and parties.
Section 70. Disclosure of information.
Section 71. Co-operation of parties with conciliator.
Section 72. Suggestions by parties for settlement of dispute.
Section 73. Settlement agreement.
Section 74. Status and effect of settlement agreement.
Section 75. Confidentiality.
Section 76. Termination of conciliation proceedings.
Section 77. Resort to arbitral or judicial proceedings.
Section 78. Costs.
Section 79. Deposits.
Section 80. Role of conciliator in other proceedings.
Section 81. Admissibility of evidence in other proceedings.
Part IV: Supplementary Provisions
Section 82. Power of High Court to make rules.
Section 83. Removal of difficulties.
Section 84. Power to make rules.
Section 85. Repeal and savings.
Section 86. Repeal of Ordinance 27 of 1996 and Saving.
Objectives and Topics
This work provides an in-depth legal analysis of the Arbitration and Conciliation Act, 1996, including the significant 2015 amendments. The primary goal of the author is to clarify the legislative intent behind the modernization of Indian arbitration law, specifically focusing on how the Act aligns with international standards like the UNCITRAL Model Law, while minimizing court intervention to ensure expeditious dispute resolution in commercial matters.
- Historical evolution of arbitration law in India and international statutes.
- Comprehensive analysis of domestic arbitration provisions under Part I.
- Detailed breakdown of enforcement mechanisms for foreign arbitral awards under Part II.
- Judicial trends and responses to arbitration in India, particularly regarding the seat of arbitration.
- Provisions for conciliation and supplementary procedural rules.
Excerpt from the Book
A Brief History of Arbitration Law in India
Arbitration has a long history in India. In ancient times, people often voluntarily submitted their disputes to a group of wise men of a community—called the sabhas and samitis, who were identical to panchayats—for a binding resolution. Submission of disputes to these groups was voluntary and there was no compulsion, like today’s arbitration system. In Panchayats, Panchas where chosen by virtue of their personal qualities of being fair-minded, impartial and knowledgeable. The panchayats were held in great veneration. They proceeded in an informal way, untrammelled by technicalities of procedure and laws of evidence. Also, arbitration was governed by social sanctions. But, the simple and informal system of arbitration through the Panchayats, though useful, was ineffective to deal with the complexities arising out of advancement in social and economic spheres.
In medieval era, when the East India Company started taking over administrative control, the Presidency Governments in Bengal, Madras and Bombay enacted ‘Regulations’. Modern arbitration law in India was created by the Bengal Regulations in 1772, during the British rule. The Bengal Regulations provided for reference by a court to arbitration, with the consent of the parties, in lawsuits for accounts, partnership deeds, and breach of contract, amongst others.
The Bengal Regulation XVI of 1793 authorised the courts to recommend to parties to a suit to submit the decision on matters in disputes which had already arisen to arbitration.
Chapter Summaries
CHAPTER 1: HISTORY OF ARBITRATION LAW: This chapter traces the international origins of arbitration through the Hague and Geneva Conventions and provides a historical overview of how arbitration developed in India from ancient times to the British regulatory period.
CHAPTER 2: DOMESTIC ARBITRATION: This chapter serves as a central component of the book, detailing the statutory definitions, procedural requirements, and the scope of judicial intervention under the Arbitration and Conciliation Act, 1996.
CHAPTER 3: ENFORCEMENT OF FOREIGN ARBITRAL AWARDS: This section covers the legal framework for recognizing and enforcing foreign awards under the New York and Geneva Conventions as integrated into Indian municipal law.
CHAPTER 4: JUDICIAL RESPONSE TO ARBITRATION INDIA: This chapter analyzes how Indian courts have interpreted the 1996 Act, highlighting key case studies like BALCO and the shift towards a pro-arbitration stance.
CHAPTER 5: CONCILIATION: This chapter focuses on the ADR mechanism of conciliation, defining the role of the conciliator and the statutory process for amicable dispute settlement outside of formal arbitration.
Keywords
Arbitration, Conciliation, Arbitral Tribunal, Foreign Arbitral Awards, New York Convention, Geneva Convention, UNCITRAL Model Law, Judicial Intervention, Party Autonomy, Public Policy, Domestic Arbitration, Commercial Disputes, Enforcement, Arbitration Agreement, 2015 Amendment
Frequently Asked Questions
What is the primary focus of this work?
The book provides a comprehensive legal examination of the Arbitration and Conciliation Act, 1996, with a focus on its application in India, covering both domestic and international commercial arbitration as well as conciliation procedures.
What are the central themes of the book?
The central themes include the evolution of arbitration law, the modernization of legal frameworks through the 2015 amendments, the doctrine of party autonomy, and the judiciary's role in supporting rather than impeding arbitral processes.
What is the main research objective of the author?
The main objective is to analyze how the Indian legislative framework seeks to minimize judicial supervision in arbitral proceedings to foster an effective and expeditious dispute resolution environment.
What scientific methods does the author employ?
The author employs a doctrinal legal research method, utilizing statutory analysis of the Arbitration and Conciliation Act, case law review, and historical comparison of international conventions to explain the current state of Indian arbitration law.
What topics are discussed in the main body?
The main body treats the history of arbitration, the technical procedures of domestic and international arbitration, the enforcement of foreign awards, judicial response/trends in India, and the specific procedures for conciliation.
Which keywords characterize this book?
The book is defined by keywords such as Arbitration, Conciliation, Arbitral Tribunal, Foreign Arbitral Awards, Judicial Intervention, and Party Autonomy.
How does the 2015 amendment impact current arbitration law?
The 2015 amendment introduces significant changes such as the fast-track arbitration procedure, strict timelines for the completion of awards, and clearer definitions regarding public policy and arbitrator impartiality, all aimed at reducing court delays.
What is the significance of the "seat" vs. "venue" distinction discussed in the book?
The book highlights that the "seat" of arbitration determines the curial law and exclusive supervisory jurisdiction, whereas the "venue" is merely the physical location of hearings, a distinction crucial for determining which court may interfere in proceedings.
How are foreign awards treated under the Act?
Part II of the Act establishes the mechanism for the recognition and enforcement of foreign awards that are governed by the New York or Geneva Conventions, provided they meet specific criteria for "foreign award" status.
- Citar trabajo
- Vikrant Yadav (Autor), 2017, The 1996 Arbitration and Conciliation Act with Amendments of 2015, Múnich, GRIN Verlag, https://www.grin.com/document/424098
