Articles

The principle of res-judicata plays an important role in ensuring the finality of judicial proceedings and preventing the re-litigation of issues that have already been decided. Traditionally applied in court judgments, res judicata has also been extended to the field of arbitration to uphold the integrity and finality of arbitral awards.  Arbitration, as a mechanism […]

Arbitration is increasingly recognized as a preferred mode of dispute resolution in India due to its efficiency, flexibility, and ability to provide tailored remedies. The Arbitration and Conciliation Act, 1996 outlines several remedies and reliefs available to parties, ensuring that justice is served effectively.  This article explores the legal framework, types of remedies, key provisions,

The Arbitration and Conciliation Act, 1996, as amended in 2015 and subsequent years, brought significant changes to India’s arbitration landscape. Section 87, introduced by the Arbitration and Conciliation (Amendment) Act, 2019, addresses the applicability of amendments made to the Act concerning arbitral and court proceedings initiated before October 23, 2015. This provision seeks to provide

The Arbitration and Conciliation Act, 1996, represents a significant legislative effort to modernize India’s arbitration framework and align it with global standards.  Section 86 of the Act addresses the repeal of the Arbitration and Conciliation (Third) Ordinance, 1996, and provides saving provisions to ensure continuity and safeguard the legal framework during the legislative transition. This

Section 85 of the Arbitration and Conciliation Act, 1996, addresses the legal transitions and continuity between the old and new arbitration frameworks in India. This section deals with the repeal of earlier laws related to arbitration and ensures that no rights or legal obligations are lost in the transition.  Section 85, thus, plays an essential

Section 84 of the Arbitration and Conciliation Act, 1996, grants the Central Government the authority to make rules to effectively implement the provisions of the Act. These rules provide the framework for the functioning of the arbitration and conciliation processes, helping to facilitate smoother and more efficient dispute resolution.  The rules formulated under this section

Section 83 of the Arbitration and Conciliation Act, 1996 provides the central government with the power to remove difficulties arising in the implementation of the Act. This provision ensures that any issues or challenges encountered in the execution of the Act can be addressed by the government through appropriate amendments or clarifications. It serves as

Section 82 of the Arbitration and Conciliation Act, 1996, is a vital part of Part IV, which focuses on the supplementary provisions of the Act. It grants power to the High Courts in India to formulate rules that govern the procedures under the Act.  This section enhances the flexibility of the legal framework by enabling

Section 81 of the Arbitration and Conciliation Act, 1996, focuses on the admissibility of evidence in other proceedings related to arbitration and conciliation. This provision is crucial for ensuring the effective use of evidence gathered in arbitration and conciliation proceedings when those proceedings are referenced or used in subsequent court cases or judicial processes.  It

Section 80 of the Arbitration and Conciliation Act, 1996, plays a vital role in enabling conciliators to participate in proceedings beyond the confines of formal conciliation proceedings. While the primary function of a conciliator is to facilitate dispute resolution in a neutral and amicable manner, this section opens avenues for their involvement in other legal