Arbitration and Conciliation Act 1996 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.

Introduction to Alternate Dispute Resolution Mechanisms

Topic Link To Notes
Alternate Dispute Resolution Mechanisms: An Overview View Here
Negotiation: A Mode of ADR View Here
Scope of Alternative Dispute Resolution View Here
Historical Background of Alternative Dispute Resolution View Here
Advantages and Disadvantages of Alternative Dispute Resolution View Here
What is Arbitration? View Here
Types of Arbitration View Here
What is Ad Hoc Arbitration? View Here
Scope of Arbitration in India: A Comprehensive Overview View Here
Difference Between Arbitration and Adjudication View Here
Difference Between Arbitration and Litigation View Here
Types of Lok Adalat View Here
Importance of Alternative Dispute Resolution View Here

Arbitration Agreement

Topic Link 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 Agreement View Here
Section 11 of the Arbitration and Conciliation Act View Here
Who Can Enter Into Arbitration Agreement? View Here

Composition of Arbitral Tribunal

Topic Link 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 Arbitrator View Here

Jurisdiction of Arbitral Tribunal

Topic Link To Notes
Jurisdiction of Arbitral Tribunal under the Arbitration and Conciliation Act   View Here
What is Kompetenz-Kompetenz Principle? View Here

Conduct of Arbitral Proceedings

Topic Link To Notes
Conduct of Arbitral Proceeding under Arbitration and Conciliation Act View Here
Conduct of Arbitral Proceeding: Section 18 of Arbitration and Conciliation Act View Here
Conduct of Arbitral Proceeding: Section 19 of Arbitration and Conciliation Act View Here
Conduct of Arbitral Proceeding: Section 20 of Arbitration and Conciliation Act View Here
Conduct of Arbitral Proceeding: Section 21 of Arbitration and Conciliation Act View Here
Conduct of Arbitral Proceeding: Section 22 of Arbitration and Conciliation Act View Here
Conduct of Arbitral Proceeding: Section 23 of Arbitration and Conciliation Act View Here
Conduct of Arbitral Proceeding: Section 24 of Arbitration and Conciliation Act View Here
Conduct of Arbitral Proceeding: Section 25 of Arbitration and Conciliation Act View Here
Section 26 and 27 of Arbitration and Conciliation Act View Here
Summary: Conduct of Arbitral Proceeding under Arbitration and Conciliation Act, 1996 View Here

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

Topic Link To Notes
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 India View Here
Understanding the Significance of Seat and Venue in Arbitration View Here

Enforcement of Award under Arbitration and Conciliation,1996

Topic Link To Notes
Enforcement of Arbitral Award under Arbitration and Conciliation,1996  
– Recourse against Arbitral Award
– Finality and Enforcement of Arbitral Awards
– Appeals
View Here
Enforcement of Foreign Awards in India View Here
Anti-Arbitration Injunctions in India View Here
Extent of Judicial Intervention in Arbitration View Here

Conciliation under Arbitration and Conciliation,1996

Topic Link To Notes
Conciliation and Conciliators under Arbitration and Conciliation Act, 1996   View Here
Appointment of Conciliator View Here
Role of Conciliator View Here
Process of Conciliation View Here
Benefits of Mediation View Here
Difference Between Conciliation and Mediation View Here

Contemporary Developments

Topic Link To Notes
Mediation Act, 2023 View Here
Group of Companies Doctrine in Arbitration Proceedings View Here
Analysis of Section 42 on Section 8, 9 and 11 of the Arbitration and Conciliation Act View Here
Role of Arbitration in Resolving Domain Name Disputes: Position in India View Here
Annulment Proceedings under the ICSID Arbitration Rules View 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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