Points discussed below : Introduction to Arbitration What is an Arbitral Award Who passes the Arbitral Award? What does Enforcement of Arbitral Award means? Enforcement of arbitral award and it’s detailed procedure. Conditions for Enforcement of an Arbitral Award Amendments of Section 36. (Enforcement of Arbitral Award) Conclusion Abstract Arbitration right now is a booming…
Introduction The Arbitration and Conciliation Act 1996 is the key law governing arbitration in India. The Act was enacted to consolidate, define and amend the law in relation to domestic arbitration, international commercial arbitration and the enforcement of foreign arbitral awards. The Act provides for the procedure of arbitration proceedings in India and steps of…
Introduction In developing country like India most of the people opt for the litigation process to resolves disputes, which burdens the court and a large number of pending cases which results in the delay of the resolution of the dispute, which ultimately led to dissatisfaction among the citizens and making true the belief that “Justice…
INTRODUCTION The UNCITRAL Rule of arbitration is sets of procedural rules aimed at the resolution of international disputes. They apply only when both the parties have chosen or agreed to resolve their dispute. United Nations Commission on International Trade Law (UNCITRAL), created and adopted in 1976 can be used in both administered arbitration and ad…
“. . . both were happy with the result, and both rose in public estimation. . . . I realized that the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice…
Before understanding about Lok Adalat, we should know about something called as NALSA National Legal Services Authority. It is a statutory body which was set up under a legal services authorities act 1987. It has two important objectives: one is to give life to article 39 A which guarantees free and competent legal services for…
We can divide arbitration into two types – (i) Domestic Arbitration and (i) International Arbitration. The distinction between the two is so significant that UNCITRAL Model Law is specifically created for international commercial arbitration. Though the expression domestic arbitration is not used in the Arbitration and Conciliation Act, it means an arbitration proceeding arising out…
Alternative Dispute Resolution is the process of resolution of disputes outside Courts to avoid problems of litigation. 1. Legal Service Authority Act The Legal Services Authority Act, 1987 aims at providing free and competent legal services to the weaker sections of the society by creating competent authorities. and organising Lok Adalats to promote justice. The…
Domestic award Often awards arising out of international arbitration proceedings are actually enforced under the regime of domestic awards. Though each state is generally free to determine which awards it considers to be domestic, the relevant criterion is normally the place of arbitration. As a consequence, recognition and enforcement of awards rendered within a country…
Introduction Interim or conservatory measures are also referred to as provisional measures and the same are extremely important in international arbitration and international litigation. The relief sought by means of the request of an interim measure is usually to protect the rights or interests of the alleged innocent parties. Since there may be a gap…
