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ARBITRATION ACT 1996 - PowerPoint PPT Presentation


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ARBITRATION ACT 1996. The Arbitration and Conciliation Bill was introduced in the parliament in 1995 and was passed in 1996 as Act No 26 of 1996. Earlier to this, the law on arbitration was contained in the foll. three enactment. The Arbitration Act 1940.

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The Arbitration and Conciliation Bill was introduced in the parliament in 1995 and was passed in 1996 as Act No 26 of 1996.

  • Earlier to this, the law on arbitration was contained in the foll. three enactment.
  • The Arbitration Act 1940.
  • The Arbitration (Protocol and convention) act 1937 and
  • Foreign awards Act 1961
  • The present act has 86 section and three schedule.
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GENISIS OF THE PRESENT ACT

  • The United nation Commission on International trade law ( UNCITRAL) adopted a model law on international commercial arbitration in 1985.
  • The General Assembly of United Nations advised all member countries to adopt the law.
  • The law commission in India had been asking for change in the existing laws.
  • It is in the above context that the New Act was passed by the parliament.
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SECTIONS IMPORTANT FROM THE POINT OF VIEW OF AN ARBITRATOR.

  • Section –2 Arbitration award includes an interim award. Arbitral tribunal means a sole arbitrator or a panel of arbitrators.
  • Section –3 receipt of written communication means a proof of delivery to the party personally or at his place of business, habitual residence or mailing address .
  • It is deemd to have been received on the day it so delivered.
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Section –7 ARBITRATION AGREEMENT, it should be an writing, as a separate agreement or a part of contract,signed by both the parties.

  • Section –10 NUMBER OF ARTIBTRATORS the number of arbitrators will be decided by the parties but they shall be even in number.
  • If number of arbitrators can not be decided then the arbitration tribunal shall consist of a single arbitrator.
  • Contd….
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….Contd

  • If parties do not concur in the appointment the court will make that appointment.
  • The appointment has to been made within thirty days form the reside of request to do so form the other party. If this is not done than the chief justice can you requested to make the appointments.
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Section –14 FAILURE OR IMPOSSIBLITY TO ACT a person will seas to be an arbitrator if he fames to act without undue delay, with bross from his office, both the parties agreed to terminate his services as an arbitratal.

  • Section –19 DETERMINATION OF RULES AND PROCIDURE the parties are free to agree all the procedure to be follawed by the arbitratal triangular.
  • Section –20 PLACE OF ARBITRATION the parties are free to agreed on the place of arbitration. If the parties can not decide than the arbitration triangular will decode.
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Section –21 COMMENCEMENT OF ARBITRATIONPROCESS the arbitration proceedings in respect of any dispute commence on the date on which a request for arbitration is received by the responded.

  • Section 23 STATEMENTS OF CLAME AND DEFANCE the claimant shell state the fact supporting his claim within the period of time agreed upon by the parties or determined by the arbitrator.
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Section 25 DEFAULT OF A PARTY the arbitral tribunal shall terminate the proceeding if the claimant fails to lodge his claim as prescribe in section 23 above.

  • If the responded fails to communicate his statement of defense in accordance with section 23, the arbitral triangular shell continue the proceeding as if the allegations have been accepted.