What is Section 62 of the Arbitration and Conciliation Act, 1996?

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.

Can I refuse arbitration in India?

Further, in a recent decision, the Supreme Court upheld the validity of a clause giving one party the right to refuse to categorise a matter as a "dispute", in effect empowering that party to refuse a reference to arbitration unilaterally (Oriental Insurance Co Ltd v Narbheram Power and Steel Pvt Ltd Civil Appeal No.

Can conciliator be presented as a witness in court?

Interestingly, a person appointed as a conciliator shall not act as an arbitrator or counsel of a party in arbitral of judicial proceedings, and cannot be presented as a witness by the parties in any arbitral or judicial proceedings relating to the disputes.

How conciliation proceedings are terminated?

The conciliation proceedings are terminated when a party declares in writing to the other party and the conciliator, that the conciliation proceedings are terminated.

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.

Who can refer disputes to arbitration?

(2) An agreement to refer a dispute to arbitration shall be in writing. (3) The dispute may be referred by the parties to the Tribunal of an arbitrator of their choice.

What are the different types of arbitration?

What is the difference between arbitration and mediation?

Arbitrator listens to facts and evidence and renders an award. Mediator helps the parties define and understand the issues and each side's interests. Parties present case, testify under oath. Parties vent feelings, tell story, engage in creative problem-solving.

What cases Cannot be decided by arbitration?

What is the section of arbitration?

—(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.

Can a party withdraw from arbitration?

An existing dispute can be referred to arbitration by means of a submission agreement between the parties. In contrast to mediation, a party cannot unilaterally withdraw from arbitration.

Is conciliation legally binding?

Depending on the setting, outcomes may or may not be confidential. Outcomes may be legally binding or there may be an option to make them so. Conciliation can be voluntary, court ordered or agreed upon in a contract. Conciliation is often part of a court, tribunal or government agency procedure.

When can a conciliator be removed?

Parties are free to withdraw at any stage of conciliation proceedings & conciliator may also terminate the proceedings, if he finds that there is no scope for settlement. But in some cases some points of dispute are resolved, though not the whole dispute.

Can conciliation proceedings be used as evidence?

The conciliator can not be presented by a party as a witness in any such proceedings Similarly, parties can not rely on the followings as evidence in arbitrate judicial or other proceedings. a) views expressed or suggestions made by the other party in respect of a possible settlement of the dispute.

Can parties submit documents and other evidences to conciliator?

(2) The conciliator may request each party to submit to him a further written statement of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate.

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.

Who appoints a conciliator?

Conciliator can be appointed by the parties themselves of their own choice with consensus i.e. both should agree upon the appointment of the conciliator. IDRC has a Panel of Conciliators with rich experience in varied fields.

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.

Can you settle after arbitration?

Yes. You may settle your dispute at any time before the arbitrator issues the award. If you have settled, or believe you are close to settling your dispute, notify your Case Administrator.

Does arbitration produce a final decision?

The arbitrator's final decision on the case is called the “award.” This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.