File Name: section 34 arbitration and conciliation act 1996 .zip
The most recent debate that reverberated in the halls of the Apex Court was on the issue whether Section 34 5 of the Arbitration and Conciliation Act, , inserted by Amending Act 3 of w. Before divulging the ratio straightaway, it is rather crucial to understand the scheme of the act along-with the intention of the legislature and the purport of the language, in order to perceive how the court reached its decision.
The goal of the Ordinance is to improve the efficiency and reliability of arbitration as a private dispute-resolution mechanism in India. Among other things, it imposes strict time limits on when arbitrations must be concluded, limits court involvement including with respect to jurisdictional issues , and allows parties to non-Indian seated arbitrations to obtain interim relief from Indian courts. The Ordinance reflects many of the recommendations contained in a report by the Law Commission of India that sought to address perceived inadequacies in the Act.
Chapter 2: Domestic Arbitration Preliminary Section 1. Short title, extent andcommencement 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. Appointment of Arbitrators Section Grounds for Challenge Section Challenge Procedure Section Failure or impossibility to act Section Competence of arbitral tribunal to rule on its jurisdiction Section Interim measures ordered by arbitral tribunal.
Equal treatment of parties Section Determination of rules of procedure Section Place of arbitration Section Commencement of arbitral proceedings Section Statements of claim and defence Section Hearings and written proceedings Section Default of a party Section Expert appointment by arbitral tribunal Section Rules Applicable to Substance of Dispute Section Decision making by panel of arbitrators.
Time limit for arbitral award. Fast track procedure. Settlement of disputes — Registration and Stamp duty Section Form and contents of arbitral award Section 31A. Regime for costs Section Termination of proceedings Section Correction and interpretation of award; additional award. Application for setting aside arbitral award Section Finality of Arbitral Awards.
Appealable orders. Deposits Section Lien on arbitral award and deposits as to costs Section Arbitration agreement not to be discharged by death of party thereto Section Provisions in case of insolvency. Section Definition Section Power of judicial authority to refer parties to arbitration Section When Foreign Award Binding Section Evidence Section Conditions for Enforcement of Foreign Awards Section Enforcement of Foreign Awards Section Appealable Orders Sec.
Interpretation Section Foreign awards when binding Section Conditions for enforcement of foreign awards Section Appealable Orders Section And ORS. Chapter 5: Conciliation Section Application and scope Section Commencement of conciliation proceedings Section Number of conciliators Section Appointment of conciliators Section Submission of statements to conciliator Section Conciliator not bound by certain enactments Section Role of conciliator Section Administrative assistance Section Communication between conciliator and parties Section Disclosure of information Section Cooperation of parties with conciliator Section Suggestions by parties for settlement of dispute Section Settlement agreement Section Status and effect of settlement agreement Section Confidentiality Section Termination of conciliation proceedings Section Resort to arbitral or judicial proceedings Section Costs Section Role of conciliator in other proceedings Section Power of High Court to make rules Section Removal of difficulties Section Power to make rules Section Repeal and savings Section Repeal of Ordinance 27 of and Saving.
International arbitration was given a more permanent basis by the Hague Conference of , which adopted the Hague Convention on the pacific settlement of international disputes, revised by a conference in Recourse to arbitration implies an engagement to submit in good faith to the award. The Geneva Protocol on Arbitration Clauses adopted by the League of Nations was a success both in terms of the number of States that became party to it and in regard to its contents.
Consequently, in the International Chamber of Commerce ICC adopted its first rules of arbitration and in established the Court of Arbitration. Contracting States agreed to enforce arbitral awards made in conformity with the Protocol in the territory of another contracting State.
The Convention was, like the Protocol, adopted by a large number of States and was generally a success in regard to its substance. Throughout the two decades from to the outbreak of the Second World War, there was a steady development in Europe of arbitration as a recognized means of dispute settlement in international commercial matters.
However, in quantitative terms the amount of arbitration between commercial firms from different countries was still rather small Moreover, the development of arbitration for international commercial disputes that existed in Europe did not generally extend to the rest of the world. It turned out that there was a significant problem with the Convention in the requirement that the party seeking enforcement of the award had to prove that the conditions for recognition had been fulfilled.
The only way to satisfy the requirement was to have the award recognized in the country where the arbitration had taken place. It reduced considerably the usefulness of the Convention. The ICC undertook the preparation of a draft revision of the Convention and submitted it to the United Nations as the successor organization to the League of Nations, which had prepared both the Protocol and the Convention.
It was found to be advantageous to combine the provisions of the Protocol and the Convention into a single convention. Apart from combining the two previous instruments into a single text, the principal change as a result of convention was that the award itself, in the form required by the Convention, accompanied by the arbitration agreement must be considered as prima facie worthy of credit.
The court or other authority must enforce it unless the party resisting enforcement proves that there exists one of the limited number of exceptions in Article V of the Convention.
The exceptions to enforcement in Article V 1 are limited to violations of the rules of a procedural nature governing the arbitration and are designed to protect the parties and the integrity of the arbitral process. The enforcing court is thereby restricted from considering whether the award is correct on the merits.
Article V 2 is designed to protect the integrity of the law of the enforcing country. It could easily have been seen as an invitation to a court to find that the enforcement of an award against a party from the State where enforcement is sought would be in some way against the public policy of the State. Following the diplomatic conference, interest in arbitration continued to develop.
Chapter 2: Domestic Arbitration Preliminary Section 1. Short title, extent andcommencement 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.
The Supreme Court concluded that a court can relegate the parties to the arbitral tribunal, only if there is a specific written application from one party to this effect; and relegation has to happen before the arbitral award passed by the same arbitral tribunal is set aside by the court. The Appellants and the Respondent entered into two developmental agreements for construction of a multistoried building. Subsequently, a dispute arose with respect to the distribution of the flats and its conveyancing deeds. On the basis such nomination by the Respondent, the sole arbitrator commenced the arbitral proceedings. The Appellants subsequently preferred an application under Section 16 of the Act and challenged the jurisdiction 2 of the sole arbitrator on 10 May The sole arbitrator rejected the application on 27 August by way of an interim award. The sole arbitrator issued the final award on 18 June in favour of the Respondent.
Section 29 2 of the said Act contains the fundamental rule that provisions of Limitation Act would apply for computation of time period prescribed by any special law only to the extent it is not expressly excluded. Should a rule of computation of time periods contained in the Limitation Act apply to section 34 3 of the Arbitration Act, ? The article briefly sets out the legal position about the computation of time limits and analyzes the manner which the Court has applied the express exclusion test. The time period for challenging an award commences only upon its proper receipt.
The main objective of the Arbitration Act is to make provision for an arbitral procedure which is fair, efficient and capable of meeting the needs of the specific arbitration and to minimize the supervisory role of the courts in the arbitral process and to permit an arbitral tribunal to use mediation, conciliation or other procedures during the arbitral proceedings in settlement of the disputes. In furtherance of the aforesaid objective, the Arbitration Act underwent two major amendments in the year and , respectively, in order to bring forth pertinent changes in the arbitration landscape of the country with the sole motive of making India an arbitration friendly nation. This compilation seeks to identify the significant developments in arbitration law by the courts of India after the advent of the COVID pandemic i. Section 2 1 f. Which would be the relevant court to entertain a Section 9 application, arising out of a foreign seated arbitration proceeding, where both the parties to the dispute are Indian entities?
Do I believe in arbitration? But not in arbitration between the lion and the lamb, in which in the morning the lamb is found inside the lion. Besides all the advantages and amenities available to refer the disputes to arbitration, it is one of the cornerstone drawbacks of the arbitration process that the award passed by the arbitrator is final and binding between the parties and the parties are not entitled to appeal against the award. This write up will help to understand the key insights of Section 34 of Act of