Introduction The term conciliation is not defined in the Arbitration and Conciliation Act. However, in simple terms, conciliation is a confidential, voluntary and private dispute resolution process in which a neutral person helps the parties to reach a negotiated settlement. This method provides the disputing parties with a chance to take into consideration options facilitated…
Primary difference between arbitration and conciliation is that arbitration is the process by which parties select an independent person, who renders a decision regarding the case. Conversely, conciliation attempts to make parties come to an agreement, about the problem at hand. Industrial Disputes are always harmful to all stakeholders – employees, society, management, government, etc.…
“Arbitral tribunal” means a sole arbitrator or a team of arbitrators. An arbitral tribunal is a panel of one or more arbitrators which is convened and sits to resolve a dispute through arbitration. The tribunal may consist of a two or more arbitrators, or there may sole arbitrator, which might include either a chairman or…
Alternative Dispute Resolution (ADR) is a strategy for resolving disputes and disagreements between parties by reaching an amicable / peaceful settlement through negotiation and discussions. It is an attempt to establish an alternative to conventional dispute resolution. The ADR system provides assistance in resolving business and other issues where it is not possible to initiate…
What do you understand by Arbitration? “Arbitration” is a dispute settlement process between two or more parties. It is the objective through which conveyed by a Contract or Agreement. In this, parties agree to resolve their conflicts, utilizing mediation or conciliation. The Arbitration and Conciliation Act, 1996 of Section 2 defined Arbitration as (a)…
Section 21 of the Arbitration and Conciliation Act, 1996 provides the rules governing the commencement of proceedings. It gives the parties the freedom to agree and decide when the arbitration process can officially begin. But in the absence of such an agreement or when the parties fail to reach an agreement, the trial may begin…
The appointment of an arbitrator is provided for under Section 11 of the Act. The law provides for full freedom for the parties to appoint an arbitrator of any nationality unless agreed to by the parties. However, in the event of a failure to appoint an arbitrator concerned they may go to court to appoint. …
Table of Contents : Abstract What does “ Appealable Order ” means? Who can Appeal? Jurisdiction of Courts regarding ‘ Appeal ’. Conclusion Abstract Arbitration and Conciliation is the blooming section of Law. Companies, Corporate Houses, Businesses are mostly opting for ‘ Out of Court Settlement ’ known as Arbitration, Mediation, Conciliation. The act has…
Table of Contents : Introduction What does Interim Measures means? Interim Relief Under Section 9 of the Act. Jurisdiction of Court for the application of Section 9. Enforceability and appeal against interim relief granted under section 9. Conclusion Case Laws on Section 9 Introduction Arbitration and Conciliation Act is effective and interrogative part of Alternative…
Table of Content : Abstract Introduction Meaning of Arbitration Benefits of an Arbitration proceeding Application to Set aside an arbitral award. Grounds Limitation Amendments Conclusion Abstract Arbitration is a process where parties to an agreement settle any dispute amongst them outside the court through Arbitral Tribunal. Arbitration is one of the most used processes of…
