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Arbitration and Conciliation Act Overview

The Arbitration and Conciliation Act, 1996, enacted on August 22, 1996, regulates arbitration and conciliation in India, divided into four parts covering domestic and international arbitration and enforcement of foreign awards. It is based on the UNCITRAL Model Law and includes features such as prescribed qualifications for arbitrators, a 12-month decision timeline, and the status of awards as court decrees. The Act emphasizes a comprehensive approach to dispute resolution while allowing for international applicability and enforcement of foreign awards in Indian courts.

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38 views1 page

Arbitration and Conciliation Act Overview

The Arbitration and Conciliation Act, 1996, enacted on August 22, 1996, regulates arbitration and conciliation in India, divided into four parts covering domestic and international arbitration and enforcement of foreign awards. It is based on the UNCITRAL Model Law and includes features such as prescribed qualifications for arbitrators, a 12-month decision timeline, and the status of awards as court decrees. The Act emphasizes a comprehensive approach to dispute resolution while allowing for international applicability and enforcement of foreign awards in Indian courts.

Uploaded by

Divya Rathod
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Arbitration, Conciliation and ADR Systems

1. Arbitration and Conciliation Act, 1996

Enforcement – August 22, 1996 by CG

Structure –

Divided into 4 Parts, contain 86 sections along with 3 schedule

 Part 1 – deals with Arbitration.


 Part 2 – Enforcement of certain foreign awards
 Part 3 – Conciliation
 Part 4 – Supplementary provisions

Applicability – Whole India

Object – To consolidate and amend the laws related.

 Domestic Arbitration & Conciliation


 International Commercial Arbitration & Conciliation
 Enforcement of Foreign Arbitral Awards

Based on UNCITRAL Model Law on International Commercial Arbitration 1985 & UNCITRAL Conciliation Rules, 1980
(United Nation Commission on International Trade Law)

Salient Features –

 A Comprehensive Statute
 Prescribed qualification for Arbitrator
 Arbitral tribunals must render their decision within 12 months.
 Not bounded by CPC & Evidence Act but seeks courts assistance to summon witnesses to provide evidence
and limitation act is applied.
 A fast-track procedure may be introduced for conducting arbitration.
 Award/Settlement same status as decree of court
 Précised power of the court
 International Applicability
 No provision for appeal
 Give reason in award except if parties agrees that no reason to be given and Settlement Agreement between
parties.
 Foreign Awards can be enforced in Indian Courts

Arbitration:

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