What is the scope of Enquiry under section 11 of the Arbitration and Conciliation Act, 1996?
Asked by: Myrtis Klocko Jr. | Last update: February 19, 2022Score: 4.8/5 (67 votes)
With the 2015 amendment to the Act, the scope of Section 11 of the Act was restricted to a prima facie determination of whether an arbitration agreement exists, making it peremptory in nature, and requiring the concerned judicial authority to refer the dispute to arbitration, thereby effectively leaving the question of ...
Can an order passed under section 11 of the Arbitration and Conciliation Act be appealed?
The “anomalous” question of appeal
However, there is no provision that entitles a party to appeal against an order refusing the appointment of an arbitrator under Section 11 of the Act. This position is counterintuitive and lies in direct contrast to what was envisioned by the Law Commission of India.
What are the grounds to challenge the appointment of an arbitrator under the Arbitration and Conciliation Act, 1996?
(a) An arbitrator may be challenged only if circumstances exist that, from the perspective of a reasonable third person having knowledge of the relevant facts, give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties.
What is the main purpose of the Arbitration and Conciliation Act, 1996?
The purpose of the 1996 Act is to amend and unify domestic arbitration and international commercial arbitration and enforce foreign arbitral awards. The law was also amended in 2015 and 2019 to reduce court involvement in the arbitration. Section 89 of the Civil Procedure Code focuses on the importance of arbitration.
What are the provisions relating to settlement of the dispute under the Arbitration and Conciliation Act, 1996?
Court said that settlement agreement under section 73 of The Arbitration and Conciliation Act, 1996 can be given legal sanctity of arbitral award under section 74 of The Arbitration and Conciliation Act, 1996 only when both the parties sign the settlement agreement.
SECTION-10, SECTION-11 OF ARBITRATION AND CONCILIATION ACT
When can the parties take recourse to arbitral or judicial proceedings in respect of the dispute which is subject matter of conciliation?
[(1) A judicial authority, before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or under him, so applies not later than the date of submitting his first statement on the substance of the dispute, then ...
Does arbitration produce a final decision?
While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. ... 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.
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.
What is Section 9 of Arbitration and Conciliation Act?
Section 9 indicates that the parties may before or during the arbitral proceedings or at any time after making of the award but before it is enforce with respect to Section 36, may apply, to the court for interim measures for protection in case if: Assignation of a guardian for a minor person of unsound mind.
What is section 17 of Arbitration and Conciliation Act?
Section 17 in THE ARBITRATION AND CONCILIATION ACT, 1996. (1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order a party to take any interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject-matter of the dispute.
What is mediation and conciliation?
Meaning. Conciliation is an alternative dispute resolution method in which an expert is appointed to resolve a dispute by convincing the parties to agree upon an agreement. Mediation refers to a process of settling disputes by independent and impartial third party who assists the parties to reach a common outcome.
What are the main feature of arbitration?
Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding. There are limited rights of review and appeal of arbitration awards.
What is arbitration and its types?
Arbitration is a way to resolve disputes between the parties outside the courts and it is an alternative method of dispute resolution. ... The decision of the arbitrator is final and legally binding on both parties. Arbitration can be classified into two types, voluntary or mandatory arbitration or binding or non-binding.
Who can challenge the appointment of arbitrator?
Under the Model Law, a party has been given a right to challenge the appointment of an arbitrator before the arbitrator himself and if the party is unsuccessful, Article 12(3) of the Model Law grants a last resort to the party to approach the Court to challenge the appointment at that stage itself without waiting for ...
Where can I challenge an arbitrator appointment?
In the Indian context, the appointment of an arbitrator can be challenged under Section 12 of the Arbitration and Conciliation Act, 1996.
On what grounds the appointment of an arbitrator can be challenged what is the procedure to be adopted for it?
If an arbitrator's independence and impartiality are doubted due to the circumstances under Section 12(1) then he may be challenged or in the event that he doesn't possess the necessary qualifications agreed to by the parties.
Does decision passed by the designate of the Chief Justice under section 11 have precedential value?
Decisions of the CJI or his delegate, under section 11 of the Arbitration and Conciliation Act, 1996 (A & C Act) have no binding value whatsoever on any court on any forum except the forums / arbitral tribunal/ parties involved in the arbitral proceeding in which such findings under section 11 has been passed.
Has Section 11 6A been deleted from the Arbitration Act?
[1] When the 2019 Amendments to the Act are brought into force, Section 11 (6A) which introduced this prima facie test under Section 11 through the 2015 Amendments was to be deleted since the power of appointment is to be delegated to arbitral institutions.
Can I refuse arbitration in India?
If any Party refuses or neglects to nominate an arbitrator within 15 days of the date of notice requiring him to nominate the arbitrator or within such extended time, the Registrar shall nominate the arbitrator on behalf of that Party from among the Panel of Arbitrators.
What is section 10 of Arbitration and Conciliation Act?
Section 10 in THE ARBITRATION AND CONCILIATION ACT, 1996. (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 a Section 9 order?
Section 9(1) of the Arbitration Act, as amended enables a party to an arbitration agreement to apply to a Court for interim measures of protection before or during the arbitral proceedings, or at any time after an award is made and published, but before the Award is enforced in accordance with Section 36 of the ...
What is the meaning of arbitration and conciliation?
Arbitration is a dispute settlement process in which a impartial third party is appointed to study the dispute and hear both the party to arrive at a decision binding on both the parties. Conciliation is a method of resolving dispute, wherein an independent person helps the parties to arrive at negotiated settlement.
What is meant by conciliation?
Conciliation is an alternative out-of-court dispute resolution instrument. Like mediation, conciliation is a voluntary, flexible, confidential, and interest based process. The parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party.
What is arbitration process?
An arbitration is a hearing where a commissioner gives both parties an opportunity to present their cases regarding the issue in dispute by leading evidence, presenting documents, cross examination of witnesses, and even conducting of inspection of premises, where that is necessary.