Arbitration and Conciliation Act Overview

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Questions and Answers

What distinguishes arbitration from mediation?

Arbitration is non-binding while mediation is binding.

Arbitration involves a third party making a decision, while mediation facilitates discussion. (correct)

In arbitration, parties represent themselves; in mediation, they need legal representation.

Mediation requires a formal hearing, whereas arbitration does not.

Which of the following matters can be referred to arbitration?

Administrative tax disputes

Family law disputes

Criminal cases

Disputes covered by an arbitration agreement (correct)

Which statement best describes an arbitrator's powers regarding interim relief?

An arbitrator can issue interim measures only after a final award is made.

An arbitrator cannot grant any interim relief.

An arbitrator has limited power to provide interim measures in all disputes.

An arbitrator can grant interim relief similar to a court under the Arbitration and Conciliation Act. (correct)

In the context of arbitration, what is the difference between an arbitration agreement and expert determination?

An arbitration agreement leads to a binding decision; expert determination is advisory. Signup and view all the answers

Which of the following accurately describes the finality of an arbitral award?

An arbitral award is final and binding unless challenged on specific grounds. Signup and view all the answers

What is the primary difference between institutional and ad-hoc arbitration?

Institutional arbitration is governed by established rules from specific institutions, whereas ad-hoc arbitration is not. Signup and view all the answers

When can a court be bound to refer a dispute to arbitration?

When there is a clear arbitration agreement in place. Signup and view all the answers

Which statement about the procedure for appointing an arbitrator is true?

Parties can mutually agree on an arbitrator without court involvement. Signup and view all the answers

What are the key amendments introduced in the Arbitration and Conciliation Act?

Key amendments include provisions for expedited procedures and clarity on interim measures. Signup and view all the answers

Describe the primary functions of an arbitral tribunal compared to a permanent court.

An arbitral tribunal resolves disputes based on party agreements, while a permanent court operates under statutory law. Signup and view all the answers

What types of disputes are typically referred to arbitration?

Disputes in commercial contracts, construction, and international trade are commonly referred to arbitration. Signup and view all the answers

What is a settlement agreement in the context of arbitration?

A settlement agreement is a mutual resolution between parties that ends the dispute before an arbitral award is rendered. Signup and view all the answers

Explain the differences in the powers of a court under sections 9 and 17 of the Arbitration and Conciliation Act for interim relief.

Section 9 allows courts to grant interim relief before and during arbitration, while Section 17 empowers the arbitral tribunal to do so once proceedings have commenced. Signup and view all the answers

What is the procedure for the appointment of an arbitrator as per the Arbitration and Conciliation Act?

The procedure involves parties agreeing on an arbitrator or, if they fail, applying to a court for appointment. Signup and view all the answers

What is the significance of an arbitral award being final?

The finality of an arbitral award means it is generally binding and cannot be appealed, ensuring quick and efficient resolution. Signup and view all the answers

How does the limitation act impact arbitration proceedings?

The Limitation Act affects the timeframe within which disputes can be referred to arbitration, imposing strict deadlines. Signup and view all the answers

Study Notes

Amendments in Arbitration and Conciliation Act

Defines arbitration and permanent court vs arbitral tribunal
Outlines matters referable to arbitration

Arbitration vs Mediation vs Conciliation

Provides a comparison of these processes

Arbitration Procedures

Overview of arbitration proceedings
Looks at Institutional and ad-hoc arbitration
Explains domestic arbitration and ICA
Differentiates between arbitration agreement and expert determination

When Parties Refer Disputes to Arbitration

Discusses when courts are bound to refer to arbitration
Outlines court powers for granting interim relief

Difference Between Sections 9 and 17 of the Act

Explores the similarities and differences between these sections regarding interim measures
Discusses circumstances for securing amounts in dispute
Provides examples of securing amounts in dispute

Procedure for Appointment of Arbitrator

Explains the procedure for arbitrator appointments

Jurisdiction of Arbitration Tribunal and Courts

Discusses the jurisdiction of these entities
Explains rules governing arbitral proceedings
Details ways in which proceedings are terminated

Legal Misconduct by Arbitrator

Outlines legal misconduct by arbitrators
Discusses whether ex-parte orders can be issued

Court's Assistance in Taking Evidence

Explains court assistance in taking evidence

Arbitration Procedure Detail

Explains fast-track procedure
Summarizes settlement agreements & contents of arbitral awards
Outlines the regime for costs and interim awards
Discusses correcting and interpreting awards, including additional awards
Covers setting aside of arbitral awards
Includes a case study demonstrating how disputes are resolved by tribunals

Finality and Enforcement of Awards

Covers arbitral award finality and enforcement
Addresses appeal possibilities from arbitral tribunals, including second appeals

Arbitral Tribunal Deposits

Details deposits from arbitral tribunals
Describes arbitral award liens and deposit costs

Discharge of Arbitration Agreements and Provisions for Insolvency

Addresses clauses that discharge arbitration agreements in case of death or insolvency
Details limitations of arbitration act

Conciliation Proceedings

Explains conciliation proceedings and appointment of conciliators
Outlines the role of conciliators

Presumptions Regarding Communication Receipt

Discusses presumptions regarding receipt of communications

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Description

This quiz covers key aspects of the Arbitration and Conciliation Act, including the definitions and differences between arbitration, mediation, and conciliation. It discusses the arbitration procedures, powers of courts, and specific sections of the Act. Test your knowledge on the principles and practices within this important legal framework.