Arbitration and Conciliation Act Overview
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Questions and Answers

What is the maximum duration for an arbitral award to be made, as per the amendments?

  • Twelve months (correct)
  • Six months
  • Eighteen months
  • Two years
  • Under the proposed amendments, which procedure can parties agree to for quicker resolution of disputes?

  • Judicial review procedure
  • Mediation procedure
  • Fast track procedure (correct)
  • Traditional arbitration
  • What is the role of High Courts in relation to the proposed model fee schedule?

  • Enforce the awards given by arbitrators
  • Appeal against arbitral awards
  • Oversee the appointment of arbitrators
  • Determine the fees of arbitral tribunal (correct)
  • What is the time frame for the Court to dispose of an application challenging an arbitral award?

    <p>One year</p> Signup and view all the answers

    What has the Bill identified as crucial for promoting arbitration in India?

    <p>Strengthening Indian arbitral institutions</p> Signup and view all the answers

    What aspect of the arbitration process do the proposed amendments aim to improve?

    <p>Enhance user friendliness and cost effectiveness</p> Signup and view all the answers

    What approach has been preferred by parties in arbitration, as highlighted in the content?

    <p>Ad hoc arbitration</p> Signup and view all the answers

    What does the Bill seek to replace?

    <p>The previous arbitration ordinance</p> Signup and view all the answers

    What is the primary change proposed for the appointment of arbitrators under the Arbitration and Conciliation (Amendment) Bill, 2019?

    <p>Appointment by designated arbitral institutions.</p> Signup and view all the answers

    What new body is proposed to be established by the Arbitration and Conciliation (Amendment) Bill, 2019?

    <p>Arbitration Council of India</p> Signup and view all the answers

    What confidentiality measures are specified in the Amendment Bill concerning the arbitral proceedings?

    <p>Confidentiality must be maintained by the parties, arbitrator, and institutions.</p> Signup and view all the answers

    According to the Amendment Bill, what is the time limit for completing the statement of claim and defence?

    <p>Six months from the notice of appointment.</p> Signup and view all the answers

    What happens if no graded arbitral institutions are available for arbitrator appointment?

    <p>The Chief Justice may maintain a panel of arbitrators.</p> Signup and view all the answers

    What legal protection is provided to arbitrators under the Amendment Bill?

    <p>Arbitrators are protected from lawsuits for good faith actions.</p> Signup and view all the answers

    What is the scope of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015, as clarified by the Bill?

    <p>Applicable only to proceedings starting after October 23, 2015.</p> Signup and view all the answers

    What document serves as a guide to the interpretation of the Arbitration and Conciliation Act, 1996?

    <p>Model Law on International Commercial Arbitration</p> Signup and view all the answers

    What is the nature of an arbitral award made under the provisions mentioned?

    <p>It is considered a domestic award.</p> Signup and view all the answers

    In the context of an agreement between parties, what does it imply if it refers to arbitration rules?

    <p>The agreement includes any associated arbitration rules.</p> Signup and view all the answers

    Which clause substitutes the definition of 'Court' in the State of Uttar Pradesh's application?

    <p>The principal civil court of original jurisdiction in a district.</p> Signup and view all the answers

    What additional application is referred to regarding claims and counter-claims in this Part?

    <p>It applies equally to both claims and corresponding counter-claims.</p> Signup and view all the answers

    What does the jurisdiction conferred upon 'court' signify under Section 2(1)(e)?

    <p>Jurisdiction is limited to courts where the arbitration seat is located within India.</p> Signup and view all the answers

    In what cases does the definition of 'court' change when enforcement of a foreign award is involved?

    <p>It refers to a court with jurisdiction over the award's subject matter.</p> Signup and view all the answers

    What does Clause (e) of the substituted clause in Uttar Pradesh denote?

    <p>The designation of the principal Civil Court in a district.</p> Signup and view all the answers

    Which statement is true regarding the freedom left to parties in determining certain issues?

    <p>Freedom includes authorizing any person or institution to resolve issues.</p> Signup and view all the answers

    What is the significance of the fourfold test in determining non-arbitrability?

    <p>It determines when a subject-matter is unsuitable for arbitration.</p> Signup and view all the answers

    Which of the following best explains the difference between non-arbitrable claims and non-arbitrable subject-matter?

    <p>Non-arbitrable claims refer to specific disputes, whereas non-arbitrable subject-matter relates to legal restrictions.</p> Signup and view all the answers

    In which scenario can mere allegations of fraud be insufficient for not referring a dispute to arbitration?

    <p>When the allegations lack concrete evidence to substantiate them.</p> Signup and view all the answers

    What are the implications of an arbitration agreement that is valid but restricts the jurisdiction of the Arbitral Tribunal?

    <p>The Arbitral Tribunal may refuse to adjudicate specific disputes as per the parties' will.</p> Signup and view all the answers

    Which of the following best defines non-arbitrability in law?

    <p>It covers legal disputes that must be settled through centralized adjudication.</p> Signup and view all the answers

    Which of the following descriptions adheres to actions in rem in the context of non-arbitrability?

    <p>Legal actions that apply to the property rights of all parties involved.</p> Signup and view all the answers

    What role do courts play in determining principles related to non-arbitrability?

    <p>They adapt guidelines based on the essence of each case.</p> Signup and view all the answers

    What is a primary characteristic of disputes classified under inalienable sovereign and public interest functions?

    <p>They require centralized adjudication as mutual resolutions are inappropriate.</p> Signup and view all the answers

    What must parties ensure about the number of arbitrators in their agreement?

    <p>The number must always be odd.</p> Signup and view all the answers

    What happens if the parties do not agree on the number of arbitrators?

    <p>A sole arbitrator will be appointed.</p> Signup and view all the answers

    Which of the following is true regarding the appointment of arbitrators?

    <p>Any person of any nationality can be an arbitrator unless agreed otherwise.</p> Signup and view all the answers

    What power do the Supreme Court and High Court have regarding arbitral institutions?

    <p>They can designate graded arbitral institutions.</p> Signup and view all the answers

    What necessity arises if there are three arbitrators appointed?

    <p>Each party appoints one arbitrator and they collectively choose the third.</p> Signup and view all the answers

    Which of the following statements about the validity of an arbitration agreement is correct?

    <p>An arbitration agreement can still be valid if it specifies an even number of arbitrators.</p> Signup and view all the answers

    Who maintains a panel of arbitrators when no graded arbitral institutions are available?

    <p>The Chief Justice of the concerned High Court.</p> Signup and view all the answers

    What is the implication of determining the 'seat' of arbitration?

    <p>It is crucial for jurisdictional purposes.</p> Signup and view all the answers

    Study Notes

    Arbitration and Conciliation Act Overview

    • Established to consolidate and amend laws related to domestic and international arbitration, as well as conciliation.
    • The act initially enacted in 1996 underwent significant amendments, with the aim of enhancing cost efficiency and reducing court intervention.

    Key Amendments Proposed

    • Arbitral tribunal required to issue awards within twelve months, extendable by six months upon agreement of parties.
    • Fast track resolution option available, allowing for awards within six months if both parties agree in writing.
    • Model fee schedules can be established by High Courts for determining arbitrator fees.

    Establishment of the Arbitration Council

    • An independent body, the Arbitration Council of India, proposed for accreditation and grading of arbitral institutions and arbitrators.
    • The Chief Justice of High Courts may maintain a panel of arbitrators when no graded arbitral institutions are available.
    • Confidentiality of proceedings must be upheld by arbitrators, institutions, and parties involved.
    • Legal protections are provided to arbitrators against suits for actions taken in good faith during arbitration.

    Changes to Dispute Resolution Process

    • Parties assume responsibility for determining issues within arbitration agreements, including authorizing institutions or individuals to resolve issues.
    • A statement of claim and defense must be completed within six months of an arbitrator's appointment.

    Non-Arbitrability and Jurisdiction

    • Discussion of non-arbitrability based on case law, distinguishing between non-arbitrable claims and subjects.
    • Fourfold test established to ascertain non-arbitrability of disputes, focusing on the nature of the subject matter and public interest.

    Court Definitions and Jurisdictional Clarity

    • Definition of “Court” varies between general jurisdiction in arbitral matters and enforcement of foreign awards.
    • Jurisdiction based on the location of the seat of arbitration as per parties' agreement.

    Number and Appointment of Arbitrators

    • Parties can determine an odd number of arbitrators; if not specified, one sole arbitrator will be appointed.
    • Appointment procedures can be agreed upon by parties; default rules apply if no agreement is reached.

    Implications of Amendments

    • Amendments designed to enhance user-friendliness of arbitration, lower costs, and expedite case disposal.
    • Shift towards institutional arbitration as preferred method, potentially reducing reliance on ad hoc arrangements.

    Conclusion

    • Proposals aim to strengthen arbitration in India, promote institutional frameworks, and clarify legal processes for enhanced efficiency and trust in arbitration mechanisms.

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    Description

    Explore the key features and amendments of the Arbitration and Conciliation Act, initially enacted in 1996. This quiz covers important changes aimed at improving cost efficiency and reducing court involvement, as well as the establishment of the Arbitration Council of India. Test your understanding of the act and its implications for dispute resolution.

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