What is Section 11 of the arbitration and conciliation Act?
Asked by: Dr. Kaylee Mante | Last update: September 14, 2023Score: 5/5 (41 votes)
The Courts under Section 11 of the Arbitration and Conciliation Act, 1996 ('the Act'), are empowered to intervene if the parties fail to agree on the appointment procedure or are unable to act upon the agreed appointment procedure.
What is Section 11 of the Act?
Every person is competent to contract who is of the age of majority according to the law to which he is subject1 , and who is of sound mind and is not disqualified from contracting by any law to which he is subject. 1. See the Indian Majority Act, 1875 (9 of 1875).
What is Section 12 of the Arbitration and Conciliation Act?
Section 12(1) of the Arbitration and Conciliation Act, 1996 ("the Act" ) provides that a proposed arbitrator shall disclose in writing any circumstances of relation and relationship with subject-matter in dispute and parties respectively, which is likely to give rise to justifiable doubts as to his independence and ...
What is Section 16 of the Arbitration and Conciliation Act?
Section 16 specifies that the Arbitral Tribunal has the power to decide whether it has the locus to adjudicate the dispute or not. This provision is read along with Section 5 of the Arbitration and Conciliation Act of 1996.
What is Arbitration and conciliation in law?
Arbitration can be chosen as a dispute resolution mechanism for both, present as well as future disputes. Conciliation as a dispute resolution mechanism can only be chosen for the dispute at hand. It cannot be chosen for future disputes.
SECTION-10, SECTION-11 OF ARBITRATION AND CONCILIATION ACT
What are the benefits of Arbitration and Conciliation Act?
- A person appointed as arbitrator is based on the whims of the parties.
- If parties agree only then an arbitral tribunal is taken into matter.
- It is inexpensive and saves time.
- It ensures a fair trial.
- Gives freedom to the parties from judicial intervention.
What is the purpose of arbitration and conciliation?
Main objective of Arbitration and Conciliation Act, 1996
To make provision for an arbitral procedure which is fair, efficient and capable of meeting the needs of the specific arbitration. It provides that the arbitral tribunal has to give reasons for its arbitral award.
What is Section 7 of the arbitration and Conciliation Act?
7 Arbitration agreement. — (1) In this Part, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
What is Section 9 of arbitration and Conciliation Act cases?
Section 9(1)(ii)
According to Section 9(1)(ii)(a), the Court may provide interim relief to preserve, interim custody or sale of goods, being the subject matter of the arbitration agreement under Section 7. Under 9(1)(ii)(b), the Court may grant an interim relief to secure the amount in dispute.
What is Section 23 of the arbitration and Conciliation Act?
(1) Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise ...
What is Section 17 of the arbitration Act?
Section 17 of the Act has helped in making arbitration proceedings more convenient and expeditious as now the tribunal in itself is able to remedy any exigent situation which may arise during the pendency of the proceedings with as much ease as any other civil court and also whilst following the same principles of law.
What is Section 10 of arbitration and conciliation?
(1) The parties are free to determine the number of arbitrators, provided that such number shall not be an even number. (2) Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator.
What is Section 44 of arbitration and Conciliation Act?
Section 44 of the Arbitration & Conciliation Act 1996 defines a "foreign award" as an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India.
What is Section 11 benefits?
1) Section 11 provides exemption for income derived from property held under trust wholly for charitable or religious purposes to the extent such income is applied for charitable or religious purpose in India. However, this exemption shall be subject to certain conditions.
What is Section 11 10 of the Act?
(i) protect a well-known trade mark against the identical or similar trade marks; (ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.
What is 5 of section 11?
5 The business income of a trust as disclosed by the accounts plus its other income will be the income of the trust for purposes of section 11 1. The trust must spend at least 75 per cent of this income and not accumulate more than 25 per cent thereof. Excess accumulation if any will become taxable under section 11 1.
What is Section 43 of Arbitration and Conciliation Act?
43. Power of Court to issue processes for appearance before arbitrator. (1) The Court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine as the Court may issue in suits tried before it.
What is 8 of Arbitration and Conciliation Act?
Section 8 of the Arbitration and Conciliation Act, 1996 is peremptory in nature. It provides that a judicial authority shall, on the basis of the arbitration agreement between the parties, direct the parties to go for arbitration.
What is Section 9 and 17 arbitration?
Section 9 of the Arbitration and Conciliation Act empowers Civil Court to grant interim reliefs. Whereas Section 17 of the Arbitration and Conciliation Act empowers Arbitral Tribunal to grant interim reliefs.
What is Section 5 of the arbitration Act?
5. Extent of judicial intervention. —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.
What is Section 4 of the arbitration Act?
4. Agreement that arbitrators be appointed by the third party. The parties to an arbitration agreement may agree that any reference thereunder shall be to an arbitrator or arbitrators to be appointed by a person designated in the agreement either by name or as the holder for the time being of any office or appointment.
What is conciliation vs mediation vs arbitration?
During conciliation both parties are often motivated to improve the relationship between the parties whereas for mediation and arbitration the most important focus is geared towards resolving a dispute. In many situations it is compulsory to take part in dispute resolution, it is not voluntary.
What are the disadvantages of conciliation?
The Cons: The main downside to conciliation is that it relies on the parties accepting the authority of the conciliator and wanting to achieve a resolution. If either of the parties involved do not enter the process with the right attitude, then it may prove a waste of time and money.
What is Section 35 of the arbitration Act?
Finality of arbitral awards. According to Section 35 of Arbitration and Conciliation Act, 1996 : Subject to this Part an arbitral award shall be final and binding on the parties and persons claiming under them respectively.
What is Section 87 of the arbitration and conciliation Act?
Section 87 of the Arbitration and Conciliation Act,1996 makes Section 36 of the Arbitration and Conciliation Act, 1996 applicable only to those arbitration proceedings which have commenced on and after the date of commencement of the Arbitration and Conciliation (Amendment) Act, 2015 and not on the arbitral awards in ...