Beruflich Dokumente
Kultur Dokumente
• Genesis of Dispute
• Dispute ?
• Objectives of Dispute Resolution:
- Timely / Quicker resolution
- Understandable and simple process
- Equitable outcome
- Continuance of good relations
- Low handling cost
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Dispute Resolution Techniques
1. Litigation through courts
2. Alternative Dispute Resolution (ADR)
Methods
(i). Negotiation
(ii). Mediation
(iii). Conciliation
(iv). Dispute Redressal Committee (DRC)
(v). DRB / DAB / DRE
(vi). Arbitration
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THE ARBITRATION AND
CONCILIATION ACT, 1996
Background:
- Panch & Panchayat
- Arbitration Act,1899, Arbitration Act,1940
- The Arbitration And Conciliation Act,1996
- It repeals : Arbitration Act,1940,
: Arbn (Protocol & Convention Act)1937, &
: Foreign Awards (Recognition & Enf) Act1961
- Based on UNCITRAL Model Law
- Came into effect w.e.f. 25.1.1996 / 22.8.1996
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Act is divided into 4 parts.
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(4) An Arbn Agmt is in writing if it is
contained in
(a) a doc signed by the Ps;
(b) an exchange of letters, telex, telegrams or
other means of telecommunication which
provide a record of the Agmt; or
© an exchange of SOC and SOD in which
existence of Agmt is alleged by one P and not
denied by the other.
(5). A ref. in a contract to a Doc containing an Arbn
Clause constitutes an Arbn Agmt if the ref is
such as to make that Arbn clause part of the
contract
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S.8.Court’s power to refer Ps to
Arbn where there is Arbn Agmt.
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S.10. No. of Arbitrators:
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S.11 APPOINTMENT OF ARBTR
1. Any nationality unless ----
2. Subject to Sub Sec (6) Ps free to agree on a
procedure for appointing Arbtr (s)
3. Failing any Agmt refd to bove, with 3 Arbtrs,
one by each P and third, Presiding,by the two
Arbtrs
4. If procedure applies and a P fails to appoint
within 30 Ds from receipt of request from other
P; or two Arbtrs fail to agree on 3rd Arbtr within
30 Ds from their appmt,
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Appmt of Arbtr contd.
--- the appmt shall be made, upon request of a P, by CJ or
any person or institution designated by him.
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S.12. Grounds for challenge to
an Arbtr:
(1) Abtr to disclose circumstances that are likely to give rise
to justiable doubts as to his independence or impartiality.
(2) Arbtr through out the arbitral proceedings to disclose
such circumstances from time to time.
(3) Appt may be challenged only if-
a. Circumstances exist that give rise to justifiable doubts
as to his independence or impartiality, or
b. Qualification not as agreed to by the Ps
(4). A P may challenge an Arbtr appointed by him, or in
whose appt he has participated, only for reasons of
which he becomes aware after the appt has been made.
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S.13. Challenge procedure:
a. The P within 15 Ds after becoming aware of the
constitution of AT or becoming aware or any aforesaid
circumstances, send a written statement for the
challenge to the AT.
b. Unless Arbtr withdraws or the other P agrees to the
challenge, AT shall decide on the challenge.
c. If challenge not successful, AT shall continue and
make an arbitral award.
d. P challenging Abtr, may challenge award under Sec 34
e. If set aside, court may decide whether Arbtr is entitled
to any fees
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S.14. Failure or impossibility to
act.
(1). The mandate of an Arbtr shall
terminate if –
• de jure or de facto unable to perform
• he withdraws from his office or Ps agree
to the termination of his mandate
• If a controversy remains, Court to decide
on the termination
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S.15. Termination of mandate
and substitution of Arr.
(a) where he withdraws from office for any
reason; or
(b) by or pursuant to agmt of the Ps
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Sec 16 Contd.
(4) AT may admit a later plea if considers
delay justified.
(5) AT shall decide on these pleas, and
where it rejects the plea, it shall continue
with the arbitral proceedings and make an
award.
(6) A P aggrieved by such award may make
an appln for setting it aside under S.34
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S.17. Interim measures ordered by AT:
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• S.20. Place of arbitration:
• S.21. Commencement of arbitral
proceedings:
• Unless otherwise agreed by the Ps,
commencement on the date on which a
request for that dispute to be referred to
arbitration is received by the respondent.
• S.22. Language:
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S.23. Statement of claim and
defence:
1. Within the period agreed/determined,Ps to
submit SOC and SOD.
2. Ps may submit with their statements all Doc
they consider relevant or may add a ref. to the
Doc or other evidence they will submit
3. Either P may amend or supplement his claim
or defence during the course of the arbitral
proceedings, unless AT considers it
inappropriate to allow the amendment or
supplement having regard to the delay in
making it.
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S.24. Hearings and written
proceedings:
• AT to decide oral hearings for presentation
of evidence or oral argument, or whether
the proceedings shall be conducted on the
basis of documents and other materials,
• Sufficient notice to Ps :
• Correspondence made by any P with AT,
to be endorsed simultaneously to other P.
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S.25. Default of a party:
(a). Ct fails to communicate his SOC, AT shall
terminate proceedings.
(b). Rt fails to communicate his SOD, AT shall
continue the proceedings without treating that
failure in itself as an admission of the allegations
by the Ct.
©. A P fails to appear at oral hearing or to
produce documentary evidence, AT may
continue the proceedings and make the award
on the evidence before it.
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S.26. Expert appointment by AT:
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