Arbitration Law

Section 31A, introduced into the Arbitration and Conciliation Act, 1996, addresses the issue of costs in arbitration proceedings. This provision aims to provide clarity on the allocation of costs in arbitration and ensures that arbitral tribunals have the necessary legal framework to make decisions regarding the costs incurred during the process. It plays a crucial […]

Section 31 of the Arbitration and Conciliation Act, 1996, lays down the essential requirements for the form and content of arbitral awards. It ensures that awards are comprehensive, enforceable, and conform to procedural fairness. This section mandates written awards, inclusion of reasons, and proper documentation to instill confidence in the arbitration process. By setting clear

Section 30 of the Arbitration and Conciliation Act, 1996, focuses on encouraging settlement during arbitration proceedings. It allows disputing parties to reach an amicable resolution while maintaining the efficiency of arbitration as a dispute resolution mechanism. This article delves into the legal framework, significance, interplay with other provisions, challenges, and practical tips for utilizing Section

The Arbitration and Conciliation Act, 1996, incorporates Section 29B to provide for a fast-track arbitration procedure. This section reflects the growing demand for an expedited dispute resolution mechanism, addressing the concerns of parties seeking quicker and more cost-effective arbitration proceedings without compromising procedural fairness. The Fast Track Procedure aims to reduce delays, simplify processes, and

Section 29A of the Arbitration and Conciliation Act, 1996, addresses a crucial aspect of arbitration – ensuring timely resolution of disputes. This provision sets a strict time frame within which the arbitral tribunal must deliver its award, providing parties with a clear expectation for the duration of the arbitration process. Here’s a detailed look at

Section 29 of the Arbitration and Conciliation Act, 1996, provides guidance on how decisions are made when a dispute is adjudicated by a panel of arbitrators rather than a sole arbitrator. In cases where the tribunal consists of multiple arbitrators, Section 29 outlines the voting principles and methods of decision-making. The provision ensures fairness, equality,

In arbitration, determining which legal rules apply to the substance of the dispute is often as crucial as resolving the dispute itself. Section 28 provides a framework to address this challenge by outlining the rules applicable to the substance of disputes in domestic and international arbitration. It strikes a balance between respecting the parties’ autonomy

Arbitration often thrives on the principle of autonomy, but there are moments when external help becomes indispensable. Section 27 of the Arbitration and Conciliation Act, 1996 steps in to bridge this gap by allowing arbitral tribunals to seek assistance from courts to procure evidence. This section ensures that arbitration proceedings remain robust and fair, even

In arbitration, technical or specialized knowledge can often be crucial to resolving disputes efficiently. Section 26 of the Arbitration and Conciliation Act, 1996, addresses this by granting arbitral tribunals the power to appoint experts to assist in understanding complex issues. The provision is designed to ensure that the tribunal can obtain expert advice when needed,

Arbitration is designed to offer a fair and efficient resolution to disputes. However, challenges often arise when one of the parties fails to participate or cooperate during the process. Section 25 of the Arbitration and Conciliation Act, 1996, addresses this issue by granting the arbitral tribunal the power to make a default award in such