Prerna Khatri, Research Associate The Arbitration and Conciliation Act, 1996 is a comprehensive statute, consolidating and amending in nature and goes way beyond the scope of its predecessor enactment, The Act of 1940. It provides for domestic and international arbitration much in line with the law adopted by the United Nations Commission on International Trade…
A Game of Even – Odd Numbers Vedang Mishra, Research Associate The Arbitration and Conciliation Act, 1996 (the Act), which is based on the UNCITRAL Model Law, has brought drastic changes in the law of arbitration and conciliation as was then prevalent in India. The purpose of parties choosing arbitration as against the ordinary court…
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Risha Sharma, Research Associate The UNCITRAL is a core legal body of the United Nations system in the field of international trade law. It is a legal body with universal membership specializing in commercial law reform worldwide for over 40 years. Briefly, the UNCITRAL’s business is the modernization and harmonization of rules on international business….
Pankaj Sevta, Research Associate Art. 1(3) of the UNCITRAL Model Law on International Commercial Conciliation 2002 defines Conciliation to mean “a process, whether referred to by the expression conciliation, mediation or an expression of similar import, whereby parties request a third person or persons (‘the Conciliator’) to assist them in their attempt to reach an…
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Risha Sharma, Research Associate What is arbitration? Black’s Law Dictionary defines arbitration as ‘a method of dispute resolution involving one or more neutral third parties, who are agreed to by the disputing parties and whose decision is binding’. It has been recognised as an effective form of dispute resolution mechanism. It primarily consists of dispute…
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Vedang Mishra, Research Associate Normally, arbitration takes place between the persons who have, from the outset, been parties to both the arbitration agreement as well as the substantive contract underlining that agreement. But, it does occasionally happen that the claim is made against or by someone who is not originally named as a party. No…
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Pankaj Sevta, Research Associate It is pertinent to note that the Arbitration and Conciliation Act 1996 grants the power to an arbitral tribunal, failing agreement by the parties to the contrary, to appoint one or more experts in the capacity of a third party to report to it on specific issues to be determined by…
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Author: Pankaj Sevta, Research Associate In recent times, the issue of grant of interim relief by arbitral tribunals has become center stage. The 1985 Model Law by UNICTRAL contemplated grant of interim measures (Article 17) but it seemed half‐hearted, as it did not contain an enforcement mechanism and nor were any adverse effects sanctioned in…
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Author: Risha Sharma, Research Associate I fervently trust that before long the principle of arbitration may win such confidence as to justify its extension to a wider field of international differences. – Henry Campbell-Bannerman The word ‘Arbitration’ has not been clearly defined in the Act of 1996. Section 2 (1) (a) of the Act very…
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An Analytical Approach towards the Scheme Author: Pankaj Sevta, Research Associate A foreign award can be enforced in India under the multilateral international conventions to which India is a party, namely, the Geneva Convention of 1927 ((See Jane L. Volz& Robert S. Haydock, Foreign Arbitral Awards: Enforcing the Award against the Recalcitrant Loser 21 Wm….
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