JusticeMarg.com

Uncategorized

Chapter 9: The Arbitration and Conciliation Act, 1996

Chapter IX: Appeals Section 37: Appealable orders This section strictly limits which orders related to arbitration can be challenged (appealed) in a higher court. (1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from the following orders (and from no others) to the Court authorised by

Chapter 8: The Arbitration and Conciliation Act, 1996

Chapter VIII: Finality and enforcement of arbitral awards Section 35: Finality of arbitral awards This section states the ultimate authority of the final award. Section 36: Enforcement This section explains how a final arbitral award becomes legally enforceable, just like a decree (order) issued by a civil court. (1) Where the time for making an

Chapter 6: The Arbitration and Conciliation Act, 1996

Chapter VI: Making of arbitral award and termination of proceedings Section 28: Rules applicable to substance of dispute This section sets out the rules the arbitrator must follow when deciding the actual merits of the dispute. (1) Where the place of arbitration is situate in India,— (a) in an arbitration other than an international commercial

Chapter 5: The Arbitration and Conciliation Act, 1996

Chapter V: Conduct of Arbitral Proceedings Section 18: Equal treatment of parties This is a fundamental principle of procedural fairness in arbitration. Section 19: Determination of rules of procedure This section clarifies the freedom of the arbitration process from traditional court rules. (1) The arbitral tribunal shall not be bound by the Code of Civil

Chapter 4: The Arbitration and Conciliation Act, 1996

Chapter IV: Jurisdiction of Arbitral Tribunals Section 16: Competence of arbitral tribunal to rule on its jurisdiction This section enshrines the principle of Kompetenz-Kompetenz, which means the arbitral tribunal has the power to decide its own authority and whether it can hear the case. (1) The arbitral tribunal may rule on its own jurisdiction, including

Chapter 3: The Arbitration and Conciliation Act, 1996

Chapter III: Composition of Arbitral Tribunal Section 10: Number of arbitrators This section outlines the basic rules for how many arbitrators should hear the dispute. (1) The parties are free to determine the number of arbitrators, provided that such number shall not be an even number. (2) Failing the determination referred to in sub-section (1),

Chapter 2: The Arbitration and Conciliation Act, 1996

Chapter II: Arbitration agreement Section 7: Arbitration agreement This section defines what a valid arbitration agreement is and explains the mandatory requirement that it must be in writing. (1) In this Part, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise

Chapter 1: The Arbitration and Conciliation Act, 1996

This guide breaks down the core concepts of The Arbitration and Conciliation Act, 1996, translating complex legal language into plain English with practical, real-world examples. Preliminary Provisions Section 1: Short title, extent and commencement This section simply establishes the official name of the law, where it applies, and when it became effective. (1) This Act

PART 11: Code of Civil Procedure, 1908

PART XI: MISCELLANEOUS Section 132: Exemption of certain women from personal appearance Section 133: Exemption of other persons Section 134: Arrest other than in execution of decree Section 135: Exemption from arrest under civil process Section 135A: Exemption of members of legislative bodies from arrest and detention under civil process Section 136: Procedure where person

PART 10: Code of Civil Procedure, 1908

PART X: RULES Section 121: Effect of rules in First Schedule Section 122: Power of certain High Courts to make rules Section 123: Constitution of Rule Committees in certain States Section 124: Committee to report to High Court Section 125: Power of other High Courts to make rules Section 126: Rules to be subject to