Podcast
Questions and Answers
What is the maximum duration for an arbitral award to be made, as per the amendments?
What is the maximum duration for an arbitral award to be made, as per the amendments?
Under the proposed amendments, which procedure can parties agree to for quicker resolution of disputes?
Under the proposed amendments, which procedure can parties agree to for quicker resolution of disputes?
What is the role of High Courts in relation to the proposed model fee schedule?
What is the role of High Courts in relation to the proposed model fee schedule?
What is the time frame for the Court to dispose of an application challenging an arbitral award?
What is the time frame for the Court to dispose of an application challenging an arbitral award?
Signup and view all the answers
What has the Bill identified as crucial for promoting arbitration in India?
What has the Bill identified as crucial for promoting arbitration in India?
Signup and view all the answers
What aspect of the arbitration process do the proposed amendments aim to improve?
What aspect of the arbitration process do the proposed amendments aim to improve?
Signup and view all the answers
What approach has been preferred by parties in arbitration, as highlighted in the content?
What approach has been preferred by parties in arbitration, as highlighted in the content?
Signup and view all the answers
What does the Bill seek to replace?
What does the Bill seek to replace?
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?
What is the primary change proposed for the appointment of arbitrators under the Arbitration and Conciliation (Amendment) Bill, 2019?
Signup and view all the answers
What new body is proposed to be established by the Arbitration and Conciliation (Amendment) Bill, 2019?
What new body is proposed to be established by the Arbitration and Conciliation (Amendment) Bill, 2019?
Signup and view all the answers
What confidentiality measures are specified in the Amendment Bill concerning the arbitral proceedings?
What confidentiality measures are specified in the Amendment Bill concerning the arbitral proceedings?
Signup and view all the answers
According to the Amendment Bill, what is the time limit for completing the statement of claim and defence?
According to the Amendment Bill, what is the time limit for completing the statement of claim and defence?
Signup and view all the answers
What happens if no graded arbitral institutions are available for arbitrator appointment?
What happens if no graded arbitral institutions are available for arbitrator appointment?
Signup and view all the answers
What legal protection is provided to arbitrators under the Amendment Bill?
What legal protection is provided to arbitrators under the Amendment Bill?
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?
What is the scope of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015, as clarified by the Bill?
Signup and view all the answers
What document serves as a guide to the interpretation of the Arbitration and Conciliation Act, 1996?
What document serves as a guide to the interpretation of the Arbitration and Conciliation Act, 1996?
Signup and view all the answers
What is the nature of an arbitral award made under the provisions mentioned?
What is the nature of an arbitral award made under the provisions mentioned?
Signup and view all the answers
In the context of an agreement between parties, what does it imply if it refers to arbitration rules?
In the context of an agreement between parties, what does it imply if it refers to arbitration rules?
Signup and view all the answers
Which clause substitutes the definition of 'Court' in the State of Uttar Pradesh's application?
Which clause substitutes the definition of 'Court' in the State of Uttar Pradesh's application?
Signup and view all the answers
What additional application is referred to regarding claims and counter-claims in this Part?
What additional application is referred to regarding claims and counter-claims in this Part?
Signup and view all the answers
What does the jurisdiction conferred upon 'court' signify under Section 2(1)(e)?
What does the jurisdiction conferred upon 'court' signify under Section 2(1)(e)?
Signup and view all the answers
In what cases does the definition of 'court' change when enforcement of a foreign award is involved?
In what cases does the definition of 'court' change when enforcement of a foreign award is involved?
Signup and view all the answers
What does Clause (e) of the substituted clause in Uttar Pradesh denote?
What does Clause (e) of the substituted clause in Uttar Pradesh denote?
Signup and view all the answers
Which statement is true regarding the freedom left to parties in determining certain issues?
Which statement is true regarding the freedom left to parties in determining certain issues?
Signup and view all the answers
What is the significance of the fourfold test in determining non-arbitrability?
What is the significance of the fourfold test in determining non-arbitrability?
Signup and view all the answers
Which of the following best explains the difference between non-arbitrable claims and non-arbitrable subject-matter?
Which of the following best explains the difference between non-arbitrable claims and non-arbitrable subject-matter?
Signup and view all the answers
In which scenario can mere allegations of fraud be insufficient for not referring a dispute to arbitration?
In which scenario can mere allegations of fraud be insufficient for not referring a dispute to arbitration?
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?
What are the implications of an arbitration agreement that is valid but restricts the jurisdiction of the Arbitral Tribunal?
Signup and view all the answers
Which of the following best defines non-arbitrability in law?
Which of the following best defines non-arbitrability in law?
Signup and view all the answers
Which of the following descriptions adheres to actions in rem in the context of non-arbitrability?
Which of the following descriptions adheres to actions in rem in the context of non-arbitrability?
Signup and view all the answers
What role do courts play in determining principles related to non-arbitrability?
What role do courts play in determining principles related to non-arbitrability?
Signup and view all the answers
What is a primary characteristic of disputes classified under inalienable sovereign and public interest functions?
What is a primary characteristic of disputes classified under inalienable sovereign and public interest functions?
Signup and view all the answers
What must parties ensure about the number of arbitrators in their agreement?
What must parties ensure about the number of arbitrators in their agreement?
Signup and view all the answers
What happens if the parties do not agree on the number of arbitrators?
What happens if the parties do not agree on the number of arbitrators?
Signup and view all the answers
Which of the following is true regarding the appointment of arbitrators?
Which of the following is true regarding the appointment of arbitrators?
Signup and view all the answers
What power do the Supreme Court and High Court have regarding arbitral institutions?
What power do the Supreme Court and High Court have regarding arbitral institutions?
Signup and view all the answers
What necessity arises if there are three arbitrators appointed?
What necessity arises if there are three arbitrators appointed?
Signup and view all the answers
Which of the following statements about the validity of an arbitration agreement is correct?
Which of the following statements about the validity of an arbitration agreement is correct?
Signup and view all the answers
Who maintains a panel of arbitrators when no graded arbitral institutions are available?
Who maintains a panel of arbitrators when no graded arbitral institutions are available?
Signup and view all the answers
What is the implication of determining the 'seat' of arbitration?
What is the implication of determining the 'seat' of arbitration?
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 and Legal Protections
- 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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
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.
