Is it necessary to the court to assist the Arbitration Yes, it is necessary sometimes, to assist the arbitration proceedings because, sometimes, parties don’t cooperate with the Arbitral Proceedings. Whether in the step of evidence, they don’t produce documents, or proofs regarding to the case or dispute or they don’t come to the tribunal, due... Continue Reading →

INTRODUCTION The judiciary system is failing to give a speedy decisions to the parties. Approximately 2 crore cases were pending in India. Assume that without taking present cases and deals with past cases, it will take 7 years to clear the cases. So, to solve this issue, the arbitration is involved in this system to... Continue Reading →

An arbitration award awarded to an arbitrator may be challenged under Section 34 of the Act on application only on the basis of the reasons stated therein and as follows:⦁ The party was less likely to make an application;⦁ The arbitration agreement reached by the parties was invalid;⦁ The applicant party has not been given... Continue Reading →

Arbitration is considered as another process of dispute resolution in which mediation and conciliation are involved. It is regarded as an international trade fair where two parties from two different countries consult an international arbitrator by mutual agreement or arbitration and settle their dispute accordingly. Another dispute resolution process has gained momentum over the past... Continue Reading →

Table of Content :- IntroductionHistorical backgroundEnforcement of Arbitral AwardProcedureJurisdictionForum for Enforcement of Foreign AwardTime LimitConclusion Introduction An arbitral award refers to the decision of an arbitral tribunal, whether in a domestic or international arbitration, including any interim awards thereunder. In India, enforcement and execution of arbitral awards are governed both by the Arbitration and Conciliation... Continue Reading →

Introduction The term conciliation is not defined in the Arbitration and Conciliation Act. However, in simple terms, conciliation is a confidential, voluntary and private dispute resolution process in which a neutral person helps the parties to reach a negotiated settlement. This method provides the disputing parties with a chance to take into consideration options facilitated... Continue Reading →

Primary difference between arbitration and conciliation is that arbitration is the process by which parties select an independent person, who renders a decision regarding the case. Conversely, conciliation attempts to make parties come to an agreement, about the problem at hand. Industrial Disputes are always harmful to all stakeholders – employees, society, management, government, etc.... Continue Reading →

"Arbitral tribunal" means a sole arbitrator or a team of arbitrators. An arbitral tribunal is a panel of one or more arbitrators which is convened and sits to resolve a dispute through arbitration. The tribunal may consist of a two or more arbitrators, or there may sole arbitrator, which might include either a chairman or... Continue Reading →

Section 21 of the Arbitration and Conciliation Act, 1996 provides the rules governing the commencement of proceedings. It gives the parties the freedom to agree and decide when the arbitration process can officially begin. But in the absence of such an agreement or when the parties fail to reach an agreement, the trial may begin... Continue Reading →

The appointment of an arbitrator is provided for under Section 11 of the Act. The law provides for full freedom for the parties to appoint an arbitrator of any nationality unless agreed to by the parties. However, in the event of a failure to appoint an arbitrator concerned they may go to court to appoint. ... Continue Reading →

Table of Contents : AbstractWhat does “ Appealable Order ” means?Who can Appeal?Jurisdiction of Courts regarding ‘ Appeal ’.Conclusion Abstract Arbitration and Conciliation is the blooming section of Law. Companies, Corporate Houses, Businesses are mostly opting for ‘ Out of Court Settlement ’ known as Arbitration, Mediation, Conciliation. The act has its own set of... Continue Reading →

Table of Contents : IntroductionWhat does Interim Measures means?Interim Relief Under Section 9 of the Act.Jurisdiction of Court for the application of Section 9.Enforceability and appeal against interim relief granted under section 9.ConclusionCase Laws on Section 9 Introduction Arbitration and Conciliation Act is effective and interrogative part of Alternative dispute resolution system accepted universally. Arbitration... Continue Reading →

Table of Content : AbstractIntroductionMeaning of ArbitrationBenefits of an Arbitration proceedingApplication to Set aside an arbitral award.GroundsLimitationAmendmentsConclusion Abstract Arbitration is a process where parties to an agreement settle any dispute amongst them outside the court through Arbitral Tribunal. Arbitration is one of the most used processes of Dispute Resolution in India. The arbitration law in... Continue Reading →

Points discussed below : Introduction to Arbitration What is an Arbitral AwardWho passes the Arbitral Award? What does Enforcement of Arbitral Award means? Enforcement of arbitral award and it's detailed procedure. Conditions for Enforcement of an Arbitral Award Amendments of Section 36. (Enforcement of Arbitral Award) Conclusion Abstract Arbitration right now is a booming sector... Continue Reading →

Introduction The Arbitration and Conciliation Act 1996 is the key law governing arbitration in India. The Act was enacted to consolidate, define and amend the law in relation to domestic arbitration, international commercial arbitration and the enforcement of foreign arbitral awards. The Act provides for the procedure of arbitration proceedings in India and steps of... Continue Reading →

Introduction In developing country like India most of the people opt for the litigation process to resolves disputes, which burdens the court and a large number of pending cases which results in the delay of the resolution of the dispute, which ultimately led to dissatisfaction among the citizens and making true the belief that “Justice... Continue Reading →