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By-

Raju Malakannavar

Arbitration and Conciliation

Act-1996

Understand the basis of Arbitration act

Understand the Arbitration Agreement

Arbitration Act it’s objectives and scope

Arbitral Tribunal- Arbitral Award- Modes of

Arbitration

Appointment and Termination of Arbitrator

The conduct of the Arbitration act procedure

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Arbitration act It’s one of the oldest method of settling civil

disputes between two are more persons

Arbitration act earlier

1. Arbitration act-1940

2. Arbitration (protocol and avocation) act-1937

3. Foreign awards act-1961

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Objectives of Arbitration Act

Comprehensively cover international commercial arbitration

Provision for an arbitral procedure

Arbitral tribunal gives reasons it’s award

Minimise supervisory role

Remains within the limits5

In India the Arbitration Act is governed by the

Arbitration and Conciliation Act, 1996 –

UNCITRAL

Arbitrator- The person is appointed specially for

the settlement of a particular dispute

Arbitrate Tribunal- He his an extra-judicial tribunal

whose decision is bonding on the parties

Arbitration Procedure- Hearings of Both sides

coming at conclusions

Award- Final judgment of the of the arbitral tribunal

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Arbitration Agreement

Submit to arbitration all

or certain dispute which

have or which may

arisen between them in

respect of defined legal

relationship whether

contractual or not

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Essentials of arbitration

agreement

Must be writing- sec 7(3)

Parties must be ad idem

Dispute must be present or future

May be in form of an arbitration clause in a contract

Document containing an arbitration clause

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Power of judicial authority to refer to

refer parties to arbitration- sec.8

Must be valid and a subsisting arbitration agreement

The subject matter in question in the legal

proceedings

Application must be made by a party

Application must be made judicial authority

Duly certified copy thereof

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Conduct of arbitration proceedings

Equal treatment of parties- Sec. 18

Determination of rules of procedure-Sec. 19

Place of arbitration-Sec. 20

Language-Sec. 22

Statement of claim and defense- Sec. 23

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Powers of arbitrators

Administration assistance

Jurisdiction

Interim measure

Place of arbitration and language

Appointment of experts

Hearings and written procedure

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Award

Award means an arbitral it is a final judgment of

the arbitral tribunal on all matters referred to it

It is fact a final adjudication by a tribunal of the

parties

it’s binding in a same manner as the decision of a

low court

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Essentials of a valid

award

It must be made in writing

It must follow the agreement and not purport to

decide matters not within the agreement

It must be final

It must be certain

It must be legal13

Forms of contents of arbitral award (sec. 31)

Writing and signing

Reasons for award

Date and place of arbitration

Delivery of signed copy

Interim award

Interest cost

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Conciliation ActConciliation is the settlement of disputes in a

friendly manner and through use of the good

will by using non binding procedure.

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Commencement and communication

conciliator and parties Commencements of Conciliation Proceedings

sec.62

Invitation

Rejection if no reply

Number of conciliators

Appointment of conciliators

communications between conciliator and parties Communication

Place of meetings

Disclosure of information

Suggestions by parties

Co-operation of parties

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Settlement and termination of

conciliation agreementSettlement of agreement

Formulation of terms

Written settlement agreement

Signing of settlement agreement

Authentication of copy

Termination of conciliation agreement

Termination of proceedings

Cost

Deposit of advance for the costs

Default by parties

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Thank You

Any Questions?