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The Arbitration and Conciliation Act, 1996: A Commentary, 1997; Alternative Dispute Resolution: What it means and how it works (ed.), 1996; The International Tribunal for the Law of the Sea: Law and Practice (co-ed.), 2000; The Rules of the International Tribunal for the Law of the Sea: A Commentary (co-ed.), 2006
The Arbitration and Conciliation Act 1996 is an Act that regulates domestic arbitration in India. [1] It was amended in 2015 and 2019. [1]The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing the Arbitration and Conciliation (Amendment) Bill, 2015 in the Parliament.
The Arbitration and Conciliation Act, 1996 has been enacted to accommodate the harmonisation mandates of UNCITRAL Model. To streamline the Indian legal system the traditional civil law known as Code of Civil Procedure, (CPC) 1908 has also been amended and section 89 has been introduced.
She has authored the 3 rd and 4 th edition of the well-known Commentary on the Arbitration Act, which has been cited by the Supreme Court and the High Courts in various judgments. [ 17 ] In 2005, she was nominated in the category of ‘eminent person’ by the then Chief Justice of India to the General Council of Gujarat National Law University.
The 1996 Act only applies to parts of the United Kingdom. [4] In Scotland, the Arbitration (Scotland) Act 2010 [5] provides a modern statutory framework for domestic and international arbitration. In 2024, a Bill to amended the Act was introduced to the Lords, although as of November 2024 it has not progressed beyond second reading. [6]
The Academy's official website, www.naarb.org, contains many resources including free access to over 50 volumes of "The Proceedings," recognized as authoritative commentary and research on the field of arbitration in labor management relations, the Code, the Due Process Protocol applicable to employment arbitration, and the Research and ...
In case the consensus is not reached within this timeframe, and if the parties have previously consented to arbitration, an ad hoc arbitral tribunal can be established, whose decision holds legal weight over the Parties. Additionally, arbitration proceedings can be commenced through mutual agreement among the concerned States parties. [3] [5]
It is, consequently, to be regarded in courts of justice as equivalent to an act of the Legislature, whenever it operates of itself without the aid of any legislative provision." [6] Thus, over a course of 181 years, the United States Supreme Court has repeatedly held that a self-executing treaty is an act of the Legislature (i.e., act of ...