Conduct of arbitrations by

Advantages of Arbitration Benefits for the Parties permanent institutions

1. Choose the arbitrator(s);
•Arbitration affords the parties a choice 2. Choose the issues to be arbitrated;
3. Choose the place of arbitration;
of the law & a choice of the judges that 4. Choose the substantive law that will control the
they do want & more important to merits of the dispute;
5. Choose the procedural rules;
reject the law which and to reject the 6. Choose the schedule;
particular judge whom they do not 7. Choose exhibits, witnesses and other evidence to
be adduced including arranging for tests and site
want. visits;
•Binding dispute settlement mechanism 8. Choose the form of relief to be awarded;
9. Choose the form of the award; and
10. Agree to facilitate enforcement of the award.
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the International Chamber of Commerce's International Court of
Arbitration,
World Intellectual Property Organization (WIPO) Arbitration
Center,
American Arbitration Association (AAA),
China International Economic and Trade Arbitration
Commission,
Indian Council for Arbitration, or the
International Center for Settlement of Investment Disputes
(ICSD),
International Chamber of Commerce (“ICC”), located in Paris.
The American Arbitration Association (“AAA”)
London Court of International Arbitration
Arbitration Institute of the Stockholm Chamber of Commerce;
Arb/MS 9

Objectives of Amendment
Minimise the supervisory role of the Courts
Arbitral Tribunal to give reasons for Award In a country signatory to the New York
Permit Arb. Tribunal to use Convention on the Recognition and
Mediation,Conciliation, other procedures Enforcement of Foreign Arbitral Awards (the
Arbitral Award enforced as if it were a decree “New York Convention”) the Award may be
enforced relatively ( more than 120 signatory
of the court
Conciliation proceedings --same status and countries)
effect as an Arbitral Award No such all-encompassing Convention or
Foreign Awards Treaty or legal regime applies to judgments
rendered in national courts.
TERMS OF AN ARBITRATION
AGREEMENT
Insert lawful terms as parties wish
terms must be stated with certainty
powers of Arbitrator to be clearly stated
questions to be determined by Arb .
Any matters for exclusion of reference
Any technical or legal bar to the parties
should be inserted
Composition of Arbitral Tribunal

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Expectations from Arbitration ADVANTAGES OF Disputes inappropriate for resolution by

arbitration
An impartial, and expert, tribunal or arbitrator will decide the case.
The parties can select arbitrators with expertise in the issues and professionals
ARBITRATION French law: bankruptcy matters are inarbitrable.
who can be expected to reach reasonable decisions founded upon a mixture of India:
law and industry custom. Technical matter : appropriate special „ Matrimonial matters, like divorce or restitution of conjugal
Privacy and confidentiality in contrast to litigation in public forums. qualifications of the Arbitrator. rights;
1. Choose the arbitrator(s); „ matters relating to guardianship of a minor or other person
2. Choose the issues to be arbitrated; Speedier than a court case under disability;
3. Choose the place of arbitration; „ testamentary matters, for example, questions about the
4. Choose the substantive law that will control the merits of the dispute; saving in the costs validity of a will;
5. Choose the procedural rules;
unwanted publicity can be avoided „ insolvency matters, such as adjudication of a person as an
6. Choose the schedule; insolvent;
7. Choose exhibits, witnesses and other evidence to be adduced including Convenience of the parties as to time and „ criminal proceedings;
arranging for tests and site visits;
8. Choose the form of relief to be awarded; place „ questions relating to charities or charitable trusts;

„ matters falling within the purview of the Monopolies and

9. Choose the form of the award; and
Arb. Can view subject at any reasonable time Restrictive Trade Practices Act; dissolution or winding up of a
10. Agree to facilitate enforcement of the award. company.
[1] Copyright 2004 LexisNexis, Division of Reed Elsevier Inc., King of
Prussia, PA • www.mealeys.com matters involving morality, status and public policy cannot be
[2] The practice of choosing the most favorable jurisdiction or court in which a
referred to arbitration.
9/10/2009 claim might be heard. Arb/MS 5 9/10/2009 Arb/MS 8 9/10/2009 Arb/MS 11

THE ARBITRATION AND CONCILIATION
(AMENDMENT) BILL, 2003
to enable the judicial authority to decide
jurisdictional issues,
to empower the Courts to make reference to
arbitration in case all the parties to a legal
proceeding enter into an arbitration
agreement to resolve their disputes during
the pendency of such proceeding before it;
to provide for the appointment of arbitrators
by the Chief Justice of the Supreme Court or
the High Court to prevent writ petitions being
filed on the basis that it is an administrative
order of the Chief Justice.
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THE ARBITRATION AND CONCILIATION
(AMENDMENT) BILL, 2003-2
where the place of arbitration under Part I of
is in India, between Indian parties or an
international arbitration Indian law will apply.
completion of arbitrations within one year; at
the end of one year the Court will fix up a
time schedule for completion of the
proceedings until the award is passed.
empower the arbitral tribunal to pass
peremptory orders for implementation of
interlocutory orders and in case they are not
implemented, to enable the Court to order
costs or pass other Arb/MS
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THE ARBITRATION AND CONCILIATION
(AMENDMENT) BILL, 2003-3
provide for the Arbitration Division in the High
Courts, for the speedy enforcement of awards
provide provisions for speeding up and
completing all arbitrations
to introduce a new Chapter XI relating to
single member fast track arbitral tribunal and
award will have to be pronounced within six
months and to specify procedure therefore in
a new Schedule.
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Arbitration Agreement-Section -7
(1) an agreement ---to submit all or
certain disputes which have arisen or
which may arise---in respect of a
defined legal relationship, whether
contractual or not.
(2) may be a part of a contract or in
the form of a separate agreement
(3) shall be in writing
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Appointment of an Arbitrator
Section -11: (1) person of any nationality
(2) parties to agree on a procedure for
appointment of Arb.
Failing agreement as in above -- the two Arb
shall appoint a third Arb who shall act as the
presiding Arb---Umpire.
30 days
failing which CJ or any person or institution
designated by him
Sec. 16--may rule on its own jurisdiction
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Procedure by Arbitrator
Delivery of points of claim and defence-
-similar to pleadings
particulars of claim and counterclaim
discovery and inspection of documents
inspection of property and things by (1)
arbitrator (2) parties
fixing the time and place of hearing
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Procedure
Claimant (or advocate) opens his case ---also
defence to counterclaim
Claimant calls and examines his witness--who
may be cross -examined by the respondent
Claimant may re-examine him
Respondent opens his case
Respondent calls and examines his witness-
may be cross examined by the claimant
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If witness is cross examined the Respondent
may re-examine him
Respondent addresses the Arbitrator
The claimant replies
Sec.19 ---not bound by CPC.1908 or the IEA
1872---Freedom to agree on the procedure to
be followed
Sec.20 ----place of arb
Evidence--Oral
, Documentary, Heresay,Primary
Evidence, Secondary Evidence
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JUDICIAL INTERVENTION
Sec.8--shall refer the matter to Arb. In a
matter which is the subject of an Arb.
Sec. 35 --finality of Arb. Awards
Sec. 34--court can set aside
1.incapacity of the parties.
2.not valid under law.3.no proper notice.4.
beyond the scope of the matter decided to be
referred to Arb.5. Composition of the Arb.
Tribunal defective.
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 Sec. 34--court can set aside Arb. Award
1.incapacity of the parties.
2.not valid under law.
3.no proper notice.
4. beyond the scope of the matter
decided to be referred to Arb.
5. Composition of the Arb. Tribunal
defective.
(7)(a) payment of money: include in the sum
for which award is made ---interest to paid
from date on which cause of action arose &
the date on which award is made
(b) provision of 18% interest from the date of
award to the date of payment------unless the
award otherwise directs.
Award does not transfer a property : parties
are directed to execute conveyance or other
wise make a transfer of the property in
dispute

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No second appeal will lie from an order

passsed in an appeal:: right to appeal to the
S.C. is not affected Sec.--37
Mandatory for judicial authority to refer to
Arb. Sec.---45
Limitation act 1963 shall apply to
proceedings in Arb. Sec.---43
Time commenced --on the date on which the
request for the dispute to be referred to arb
is received by the respondent Sec ---21

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Content of Arb. Award

Sec. 31--- (1) shall be made in writing&
signed by the Arb. Tribunal
(3) shall state the reasons , unless
(a) parties have agreed no
reasons be given (b) award under
agreed terms under Sec. 30
(4) state date and place
(5) signed copy delivered to each party
(6) interim award
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