1.
The definition of arbitration and conciliation
2. know the facts and issues of all the cases.
3. Stages of arbitral proceedings.
4. CPC sections regarding the jurisdiction.
5. prepare the judgment and facts ka brief.
6. latest amendments made in the act.
7. understand other issues.
8. difference between mediation and arbitration.
9. about interim order.
10. how arbitral structure is different from India and England.
11. interim relief or injunction when the interim relief is granted.
12. is arbitrate bound by CPC or any other statute?
13. what provision you will seek remedy and what is the provision?
14. What is the difference between foreign arbitration, international arbitration and domestic
arbitration?
15. section 20 and 31 of A&C as well as unilateral model law.
16. 246 Law Commission Report.
17. which section talks about the appointment of the arbitrator.
18. can the court interfere in the arbitration proceedings
ANSWERES
A&C- it is an alternative dispute resolution mechanism where parties in front of a third person resolve
their dispute outside the court and the decisions are binding on both the parties.
Ad hoc arbitration – It means an arbitration where parties agree without any assistance from the
Arbitral tribunal.
Arbitration procedure
1. Number of Arbitrators Section 10
2. Arbitration Notice Section 21
3. Appointment of Arbitrators Section 11
4. Statement of Claim Section 23
5. Preliminary hearing and information exchange stage
6. Award Stage.
section 16 also talks that a party cannot be precluded from raising the question on
juristion on mere participated on the apponment of arbitrtors.
CPC APPLICABLITY- The High Court held that such a contention could not be accepted in
proceedings under Article 227 of the Constitution. It was observed that although provisions of CPC
does not apply to the A&C Act, however, in view of Section 19 thereof, principles of CPC can be
looked for guidance. It was further observed that Section 96(3) CPC bars an appeal against a decree
passed with the consent of parties. In such view of the matter, the Court held that there was no scope
of interference with the order impugned. The petitions were accordingly dismissed. [Mahmood v.
State of Uttarakhand, 2018 SCC OnLine Utt 721,
Difference between arbitration and mediation
The main difference between arbitration and mediation is that in arbitration the
arbitrator hears evidence and makes a decision. Arbitration is like the court process
as parties still provide testimony and give evidence similar to a trial but it is
usually less formal. In mediation, the process is a negotiation with the assistance of
a neutral third party. The parties do not reach a resolution unless all sides agree.
Difference between arbitration and conciliation.
BASIS FOR
ARBITRATION CONCILIATION
COMPARISON
Meaning Arbitration is a dispute settlement Conciliation is a method of
process in which a impartial third resolving dispute, wherein an
party is appointed to study the independent person helps the
BASIS FOR
ARBITRATION CONCILIATION
COMPARISON
dispute and hear both the party to parties to arrive at negotiated
arrive at a decision binding on settlement.
both the parties.
Difference between mediation and conciliation.
Mediation Conciliation
Definition The process of mediation is about As an alternative method of dispute
resolving disputes between parties resolution, Conciliation is when a third
and a third-party mediator will party is appointed to help settle the
support both parties in agreeing. disputes by persuading both parties to
reach an agreement.
Role of The role of the mediator is to be the The role of the conciliator is to facilitate,
Third Party facilitator of the mediation session. evaluate, and intervene with the
conciliation session.
Regulation Mediators are regulated by the Code Conciliators are regulated by the
of Civil Procedure, 1908. Arbitration and Conciliation Act, 1996.
End Result Mediation aims to reach an Conciliation aims to come to a settlement
agreement between parties and it’s agreement and it is executable as a decree
enforceable by law. of civil court
UK is governed by arbitration act of 1996
India is governed by the arbitration and conciliation act of 1196.
Section 44 Arbitration and Conciliation Act,1996 defines "foreign award" as an
arbitral award on differences between persons arising out of legal relationships,
whether contractual or not, considered as commercial under the law in force in India.
