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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?
- Twelve months (correct)
- Six months
- Eighteen months
- Two years
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?
- 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?
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?
What is the time frame for the Court to dispose of an application challenging an arbitral award?
What has the Bill identified as crucial for promoting arbitration in India?
What has the Bill identified as crucial for promoting arbitration in India?
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?
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?
What does the Bill seek to replace?
What does the Bill seek to replace?
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?
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?
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?
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?
What happens if no graded arbitral institutions are available for arbitrator appointment?
What happens if no graded arbitral institutions are available for arbitrator appointment?
What legal protection is provided to arbitrators under the Amendment Bill?
What legal protection is provided to arbitrators under the Amendment Bill?
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?
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?
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?
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?
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?
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?
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)?
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?
What does Clause (e) of the substituted clause in Uttar Pradesh denote?
What does Clause (e) of the substituted clause in Uttar Pradesh denote?
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?
What is the significance of the fourfold test in determining non-arbitrability?
What is the significance of the fourfold test in determining non-arbitrability?
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?
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?
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?
Which of the following best defines non-arbitrability in law?
Which of the following best defines non-arbitrability in law?
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?
What role do courts play in determining principles related to non-arbitrability?
What role do courts play in determining principles related to non-arbitrability?
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?
What must parties ensure about the number of arbitrators in their agreement?
What must parties ensure about the number of arbitrators in their agreement?
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?
Which of the following is true regarding the appointment of arbitrators?
Which of the following is true regarding the appointment of arbitrators?
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?
What necessity arises if there are three arbitrators appointed?
What necessity arises if there are three arbitrators appointed?
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?
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?
What is the implication of determining the 'seat' of arbitration?
What is the implication of determining the 'seat' of arbitration?
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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.
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