Articles

Section 23 of the Arbitration and Conciliation Act, 1996, holds significant importance in the arbitration process as it outlines the procedure for the submission of the statement of claim and the statement of defence. These documents serve as the foundation of any arbitration, as they frame the issues, set the context, and provide the arbitral […]

Arbitration thrives on the principle of party autonomy, and Section 22 of the Arbitration and Conciliation Act, 1996, exemplifies this autonomy by allowing parties to decide the language of the arbitral proceedings. It might sound like a mere procedural detail, but the choice of language can significantly impact the accessibility, fairness, and efficiency of arbitration,

When does an arbitration officially begin? This critical question is addressed under Section 21 of the Arbitration and Conciliation Act, 1996. The provision is a cornerstone for defining the timeline of arbitration proceedings. From determining jurisdiction to freezing the limitation period, Section 21 is vital in shaping the procedural framework of arbitration. This article dives

Section 20 of the Arbitration and Conciliation Act, 1996, is a crucial provision that addresses the seat of arbitration. In the context of international and domestic arbitration, determining the seat is fundamental as it affects the jurisdiction, applicable law, and the overall conduct of the arbitration.  While the term “seat” might seem simple, its legal

Arbitration has become a go-to method for resolving commercial disputes, especially in India, where its usage has surged due to its efficiency, flexibility, and cost-effectiveness. Section 19 of the Arbitration and Conciliation Act, 1996, plays a crucial role in giving arbitrators the power to determine the rules of procedure for arbitration proceedings.  This section grants

Arbitration is hailed as a go-to method for resolving disputes quickly and efficiently. But what happens when an arbitrator bows out—either by choice, legal necessity, or unforeseen circumstances? That’s where the Appointment of Substitute Arbitrator under Section 15 of the Arbitration and Conciliation Act, 1996, swoops in to save the day.  This seemingly simple concept

Arbitration is no longer the road less traveled in dispute resolution—it’s the highway. When parties agree to arbitration, they’re saying, “Let’s resolve this without the courts,” but here’s the kicker: what happens when someone questions the arbitrator’s authority? This is where Kompetenz-Kompetenz steps in like the main act at a concert.  Found in Section 16

When disputes arise, waiting for a final arbitral award can sometimes feel like forever. That’s where Section 17 of the Arbitration and Conciliation Act, 1996 swoops in as a savior, allowing parties to seek interim relief from the arbitral tribunal. This section offers a lifeline during the arbitration process by enabling parties to secure assets,

Arbitration is widely regarded as a flexible and efficient method of resolving disputes outside of traditional courts. Section 18 plays a key role in realizing this vision by providing arbitral tribunals the flexibility to conduct hearings and manage proceedings based on the specifics of each case.  It seeks to ensure that arbitration is not only

Arbitration is often touted as a faster, more flexible alternative to traditional litigation. In India, the Arbitration and Conciliation Act, 1996 governs the arbitration process, providing a structured and balanced framework for resolving disputes.  However, like any system, arbitration can face challenges along the way. One such challenge is the “Failure or Impossibility of Arbitrator