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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.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
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.
Due to the extremely slow judicial process, there has been a large emphasis on alternate dispute resolution mechanisms in India. While the Arbitration and Conciliation Act of 1996 is a fairly standard Western approach towards ADR, the Lok Adalat system constituted under the National Legal Services Authority Act, 1987 is a uniquely Indian approach.
The first operation was initiated by ITC which recommended FICA to work with the Law Association of Zambia to create a new Arbitration Act, enacted in 2002, and train potential Arbitrators during 1996/1997 with funding provided by Chemonics and USAID.
An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include a chairperson or an ...
Indu Malhotra is the daughter of Late Sh. Om Prakash Malhotra, a senior advocate of the Supreme Court and author, and Satya Malhotra. [11]She did her schooling from Carmel Convent School, New Delhi, [12] Thereafter, she did her Bachelors and Masters in Political Science from Lady Shri Ram College, Delhi University.
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]