What is section 11 of Arbitration and Conciliation Act?

Asked by: Carleton Lynch  |  Last update: November 10, 2022
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Evolution of clauses in Section 11 of Arbitration and Conciliation Act. In situations where the parties did not make the appointment, it was made by the Chief Justices of high courts or their designates. In matters of international commercial arbitration, it was the Chief Justice of India who made the appointments.

What is Section 11 of the arbitration & conciliation Act 1996?

(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.

What is section 17 of Arbitration and Conciliation Act?

Power of an Arbitral tribunal to order Interim measures under Section 17. For the arbitrations seated in India, Section 17 of the act empowers the arbitral tribunal to grant interim relief to the contracting parties.

What are the different types of arbitration?

The following are the different types of arbitration as per the jurisdiction of the case:
  • Domestic arbitration. ...
  • International arbitration. ...
  • International commercial arbitration. ...
  • Ad-hoc Arbitration. ...
  • Fast track Arbitration. ...
  • Institutional Arbitration.

What is the difference between Section 9 and Section 17 of arbitration Act?

Under the New Act 1996, Section 9 empowers the court to order a party to take interim measure or protection when an application is made. Besides this Section 17 gives power to the Arbitral Tribunal to order interim measures unless the agreement prohibits such power.


31 related questions found

What is section 14 of Arbitration and Conciliation Act?

14. Award to be signed and filed. (1) When the arbitrators or umpire have made their award, they shall sign it and shall give notice in writing to the parties of the making and signing thereof and of the amount of fees and charges payable in respect of the arbitration and award.

What is section 34 of Arbitration and Conciliation?

Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "1996 Act") stipulates grounds to challenge the arbitral award made under Section 31. However, the challenge to the award can only be made within limitation period of three months from the date of receipt of the award.

What are the 4 types of ADR?

The ADR techniques mainly include arbitration, conciliation, mediation, and negotiation. In India, Lok Adalat stands as another additional form of ADR mechanism, which combines different techniques like conciliation, mediation, and negotiation.

What are the four types of arbitration?

Types of arbitrations that are primarily recognized in India on the basis of procedure and rules:
  • Institutional arbitration.
  • Ad hoc arbitration.
  • Fast track arbitration.

What are the three types of arbitration?

Parties can become involved in the arbitration process in one of three ways: judicial arbitration, contractual arbitration or by stipulation.

What is section 87 of Arbitration Act?

Section 87 of the Arbitration and Conciliation (Amendment) Act, 2019 laid down that the Arbitration and Conciliation (Amendment) Act, 2015 should apply only to those arbitral proceedings which have commenced on or after the enactment of the Arbitration and Conciliation (Amendment) Act, 2015 and also only to those court ...

What is an interim award?

An interim award is an award relating to a particular matter or aspect of the proceed- ings. This type of award is binding, although not enforceable. 2 The purpose of such an interim award is to limit the scope of the dispute. The requirements placed on interim awards are not as strict as those for final awards.

What is interim relief?

Interim relief is defined as a grant of something to give short-term help, or an order by the court before a full trial to preserve the current situation until the trial. An example of interim relief is when a person receives $500 to buy food and pay the utilities until the monthly relief check is received.

Who can appoint arbitrator under section 11?

Thus, in the case of occurrence of any eventuality as specified under Section 11(6), a party can approach the High Court for appointment of an arbitrator. However, the Court added, Section 11(5) shall be attracted in a case where no procedure for appointment of an arbitrator is agreed upon.

Can an order passed under section 11 of the Arbitration and Conciliation Act be appealed?

Consequently, the Appellant preferred an Appeal before Bombay High Court to determine whether the Order passed by the Chief Justice of India or Chief Justice of the High Court under Section 11 of the Act for the appointment of an arbitrator can be amenable to review or not.

Who can become arbitrator?

Who can be appointed as arbitrator? Arbitrators can be non-lawyer experts in areas relevant to the dispute, but in practice, the vast majority of arbitrators are lawyers, law professors or scholars, judges and other dispute resolution professionals.

What are the 5 types of ADR?

The most common forms of ADR for civil cases are mediation, arbitration, neutral evaluation, settlement conferences and community dispute resolution programs.
  • Mediation. ...
  • Arbitration. ...
  • Neutral Evaluation. ...
  • Settlement Conferences. ...
  • Community Dispute Resolution Program.

Can you go to court after arbitration?

In conclusion, there is recourse for a party to a dispute who is not satisfied with an arbitration award, as long as the party has good and valid reasons to take the award on review or bring a rescission application.

What are the two types of conciliation?

informal conciliation; where disputes are addressed between a client and lawyer over the phone, by email or in writing. formal conciliation (otherwise known as a 'conciliation conference'); where a client and lawyer meet to discuss, and try to resolve the issue with the help of a conciliator in attendance.

What are the 3 methods of Alternative Dispute Resolution?

ADR can be appealing because it helps resolve divorces outside of the public court system, meaning divorces are more private, and many times can be significantly cheaper than a traditional divorce. There are currently three principal methods of Alternative Dispute Resolution, mediation, collaboration, and arbitration.

What is judicial settlement in ADR?

In judicial settlement, the concerned judge tries to settle the dispute between the parties amicably. · Lok Adalat. Lok Adalat also known as people's court as established by the government to settle the disputes is gaining popularity through conciliation and compromise.

Is ADR legally binding?

In most cases the arbitrator's decision is legally binding on both sides, so it is not possible to go to court if you are unhappy with the decision. person (the conciliator) tries to help the people in dispute to resolve their problem. The conciliator should be impartial and should not take sides.

What is section 36 of Arbitration and Conciliation Act?

36. Power of Court, where arbitration agreement is ordered not to apply to a particular difference, to order that a provision making an award a condition precedent to an action shall not apply to such diffference.

Can conciliation award be challenged?

If arbitration is ineffective and non-binding, any party or parties are at liberty to appeal this award without requiring any reasonable ground to appeal. But if the Arbitration is binding, then the party or the parties need a concrete reason to challenge the award in court, just as in the case of jury award.

What is the time limit for arbitral award?

The time period for completion of arbitral proceedings was 12 months which began from the date on which the arbitral tribunal entered upon reference. If the proceedings were not completed within 12 months, parties by consent could extend the time period for a further period of 6 months.