Arbitration and Conciliation Act

1996
 Amendment Act ,2015
• http://www.bombayhighcourt.nic.in/libweb/a
ctc/yearwise/2016/2016.03.pdf
 Overview
• Arbitration and Conciliation Act 1996
• Part A :Arbitration
• Part B: Enforcement of Certain Foreign Awards
• Part C: Conciliation
• Part D :Supplementary Provisions
 PART A
• Chapters 1 to X (Sections 1-43)
– General Provisions
– Arbitration Agreement
– Composition of Arbitral Tribunal
– Jurisdiction of Arbitral Tribunals
– Conduct of Arbitral Proceedings
– Making of Arbitral Award and Termination of
Proceedings
– Recourse against Arbitral Award
– Finality and Enforcement of Arbitral Awards
– Appeals and Miscellaneous
Part II-Enforcement of Certain Foreign
Awards
• Chapters I-II (Sections 44 to 60)
– NEW York Convention Awards
– Geneva Convention Awards
 Part III-Conciliation
• No chapter
• Sections 61-81
• Conciliation Mechanism
 PART IV –Supplementary Provisions
• No chapter
• Sections 82-86
• Schedules (First to Third)
Arbitration at International Level
 UNCITRAL
• United Nations Commission on International
Trade Law.
– Adopted Model Law in 1985.
– General Assembly of UN affirmed.
– Directed all the members to accept Model law.
– Set of Conciliation Rules were accepted in 1980.
 UNCITRAL-Objective
• Uniform, universal application of the
arbitration and conciliation in respect of
international commercial disputes.
Salient Features of the Arbitration and
Conciliation Act,1996
• A comprehensive Statute.
• An explanatory Code
• Curtailment of the Courts’ powers
• Procedure for conduct of Arbitration and Awards
in detail
• Précised Powers of the Court
• Powers of the Arbitrators enhanced
• A new form of conciliation
• International applicability.
 A comprehensive Statute
• Domestic Arbitration.
• International Arbitration.
• Inter state Arbitration.
• UNCITRAL Law
 An Explanatory Code
• Conciliation procedure is there unlike old law.
• Procedure for setting up of arbitral Tribunal.
• Gives status of a tribunal to
– Arbitrators.
– Board of arbitrations.
– Statutory Arbitrations.
 Curtailment of the Courts’ powers
• 42. Extent of judicial intervention. (sec 42)
Notwithstanding anything contained in any other
law for the time being in force, in matters
governed by this Part, no judicial authority shall
intervene except where so provided in this Part.
 Procedure for conduct of Arbitration
and Awards in detail
• Section 18 to section 27 (Chapter v)
 Précised Powers of the Court
• 27. Court assistance in taking evidence.
1. The arbitral tribunal, or a party with the approval of the
arbitral tribunal, may apply to the Court for assistance in
taking evidence.
• 42. Jurisdiction.
• Notwithstanding anything contained elsewhere in this
Part or in any other law for the time being in force,
where with respect to an arbitration agreement any
application under this Part has been made in a Court,
that Court alone shall have jurisdiction over the arbitral
proceedings and all subsequent applications arising out
of that agreement and the arbitral proceedings shall be
made in that Court and in no other Court.
 Powers of the Arbitrators enhanced
• Chapter IV (section 16 ,17)
 A new form of conciliation

• Part III
• 63. Number of conciliators.
1. There shall be one conciliator unless the parties agree that there shall be
two or three conciliators.
2. Where there is more than one conciliator, they ought, as a general rule,
to act jointly.

• 66. Conciliator not bound by certain enactments.

 The conciliator is not bound by the Code of Civil Procedure, 1908 (5 of
1908) or the Indian Evidence Act, 1872. (1 of 1872)
International applicability