ARBITRATION AND CONCILIATION ACT, 1996

Shri Ramesh D. Dhanuka
Advocate, High Court, Mumbai

• General
• Preamble
• Scheme of the Act
• Some of the Important Definitions
• Receipt of written communication
• Waiver of Right to object
• Extent of judicial intervention
• Time barred claim
• Stamp Duty on Arbitration Agreement
• Registration of Arbitration Agreement
• Power of the court to refer parties to arbitration where there is arbitration agreement
• Who can enter into arbitration agreement
• Disputes which cannot be referred to arbitration
• Interim measures by courts
• Number of Arbitrators
• Appointment of presiding arbitrator
• Appointment of arbitrators
• Ground for challenge of an arbitrator
• Challenge Procedure
• Termination of mandate of an arbitrator
• Substitution of arbitrator
• Competence of arbitral tribunal to rule on its jurisdiction
• Interim measures ordered by the arbitral tribunal
• Equal treatment to parties
• Determination of rules of procedure
• Place of arbitration
• Commencement of arbitral proceedings
• Courts assistance in taking evidence
• Making of arbitral award and termination of proceedings
• Decision making by panel of arbitrators
• Settlement
• Form and contents of the arbitral award
• Setting aside arbitral award
• Finality of arbitral award
• Enforcement
• Appealable Orders
• Deposits
• Lien on Arbitral award and deposits as to costs
• Arbitration agreement not to be discharged by death of party thereto
• Provisions in case of insolvency
• Jurisdiction
• Limitation
• Enforcement of certain foreign awards
• Power to judicial authority to refer parties to arbitration
• Conciliation
• Court Fee

Courtesy : Chamber of Income Tax Consultants (July, 2001)