Analysis of section 34 of the arbitration and conciliation. Amendments in arbitration and conciliation act 1996. The arbitration act 1996 c 23 is an act of parliament which regulates arbitration proceedings within the jurisdiction of england and wales and northern ireland. Arbitration and conciliation act section 34 judgments. The arbitration and conciliation act, 1996 to be lawyers. T he section 9 of the arbitration and conciliation act, 1996, is very wide in scope and it would extend even to third parties in whom the properties or goods are vested, even though such parties may not be a party to the arbitration clause in an agreement. The arbitration and conciliation act 1996 enacted in india came into force on 25th january 1996. Changes to legislation revised legislation carried on this site may not be fully up to date. Some of the key highlights of the arbitration and conciliation amendment act. An evaluation with case laws aishwarya padmanabhan this paper discusses in detail section 34 of the arbitration and conciliation act, 1996, and tries to.
This section deals with the procedure for the application and also the grounds for setting aside the arbitral award. Arbitration and conciliation amendment act 2019 a primer. Scope under section 9 of of the arbitration and conciliation act, 1996. In an attempt to make arbitration a preferred mode of settlement of commercial disputes and making india a hub of international commercial arbitration, the president of india on 23 october 2015 promulgated an ordinance arbitration and conciliation amendment ordinance, 2015 amending the arbitration and conciliation act, 1996.
Nov, 2017 scope under section 9 of of the arbitration and conciliation act, 1996. Arbitration, indian arbitration, arbitration and conciliation act 1996, arbitration and conciliation amendment act 2015, arbitration and conciliation amendment bill 2018 22. Part i arbitration 16th aug 1996 chapter igeneral provisions sec 16 chapter iiarbitration agreement sec 79 chapter iii composition of arbitral tribunal sec 1015 chapter iv jurisdiction of arbitral tribunals sec 1617 chapter v conduct of arbitral proceedings. A misturning on section 125 of the arbitration act. Arbitration act 1996 is up to date with all changes known to be in force on or before 15 april 2019. Act, 2015 i 1 arbitration and conciliation act, 1996 arrangement of sections section page preamble 1 preliminary 1. The arbitration and conciliation amendment act, 2019 key.
An act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. Up until the amendment of the arbitration act in 2015, the filing of an application. Ever since the enactment of the arbitration and conciliation act, 1996 the arbitration act, arbitral awards have been statutorily granted the same status as a decree of a civil court by way of a deeming fiction under section 36 of the arbitration act. Oct 01, 2017 jurisdiction of the court us 34 of the arbitration and conciliation act, 1996 in indus mobile distribution pvt. It is also imperative to restrict the appealability of a section 34 order, under section 37 1c of the arbitration and conciliation act, 1996, to merely pure questions of law, as can be found. An agreement by the parties to submit to arbitration of certain disputes which have arisen or which may arise between them in respect of a defined legal relationship whether contractual or not. Judgments on section 34 of arbitration and conciliation. Be it enacted by parliament in the forty seventh year of the republic as follows. An arbitral award may be set aside on an application by a party defined under section 2 h of the arbitration and conciliation. Pdf setting aside of arbitral awards under section34 of. Jurisdiction of the court us 34 of the arbitration and conciliation act, 1996 in indus mobile distribution pvt. In the arbitration and conciliation act, 1996 hereinafter referred to as the principal act, in section 2, i in subsection 1. Short title, extent and commencement 2 part i arbitration chapter i general provisions 2. All about arbitration and conciliation act, 1996 by abhipsha mohanty download pdf the author, abhipsha mohanty, is a 3rd year student of ba.
Section 34 of the arbitration and conciliation act, 1996 gives the court or the judiciary the power to intervene in the arbitration process for the purpose of setting aside the award rendered by the arbitration tribunal. Arbitration and conciliation act, 1996 bare acts law. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Be it enacted by parliament in the fortyseventh year of the republic of india as follows. Interim measures of protection under the indian arbitration. Setting aside of arbitral awards under section 34 of indian arbitration and conciliation act, 1996. Union of india1 struck down section 87 of the arbitration and conciliation act, 1996 arbitration act, which was recently introduced by the arbitration and conciliation amendment act, 2019 2019 amendment, as being manifestly arbitrary and violative of. Differences between section 9 and section 17 of the. Laws of the federation of nigeria 1990 14 th march, 1998. Provided that parts i, iii and iv shall extend to the state of jammu and kashmir only in so far as they relate to international commercial arbitration or, as the case may be, international commercial conciliation. All about arbitration and conciliation act, 1996 by. An act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters. Apr 25, 2014 the court thus held that subsection 4 of s. An act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental.
Analysis of section 34 of the arbitration and conciliation act setting aside of arbitral award and courts interference. It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement. There are currently no known outstanding effects for the arbitration act 1996, section 34. An evaluation of section 34 of the arbitration and. Be it enacted by parliament in the forty seventh year of the republic of india as follows. Section 9 section 17 interim measures by a court interim measures by the arbitral tribunal scope exercise powers in certain matters of arbitration exercise powers in the subject matter of the dispute only exclusion cannot be excluded by the parties can be excluded by an explicit clause in the arbitration agreement tribunal. On august 9, 2019, the president of india gave his assent to the amendments to the arbitration and conciliation act, 1996 act and the same has been published in the official gazette of india. The objects and basis of the said act is to speedy disposal with least court intervention. The arbitration and conciliation act, 1996 deals with law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards. Aug 30, 2019 the 2019 amendment act not only felicitously revamps the arbitration and conciliation act, 1996 1996 act, but also nicely refines the operation of the arbitration and conciliation amendment. The indian act has not adopted in its entirety article 12 of the model law, which specifically provides that it will apply even when the seat of arbitration is outside the territory of the state for the purposes of interim measures. Setting aside of arbitral awards under section34 of indian arbitration and conciliation act, 1996. Sections 345 and 6 of the arbitration and conciliation.
Arbitration and conciliation act, 1996 arbitral tribunal. Section 30 in the arbitration and conciliation act, 1996. The aforementioned judgment stands as a landmark precedent for every lawyer and court to follow when an issue arises as to whether the amended sections 34 5 and 6 of the arbitration and conciliation act, 1996, are to be treated as mandatory or directory in nature. Procedure for execution of the order of arbitral tribunal. Section 34 in the arbitration and conciliation act, 1996. Obviously it is not within the scope of this section to inquire into the claim and the counterclaim made by both the parties in regard to the custody of the articles beyond what has been admitted by the respondent. Judgments on section 34 of the arbitration and conciliation. The 2019 amendment act not only felicitously revamps the arbitration and conciliation act, 1996 1996 act, but also nicely refines the operation of the arbitration and conciliation amendment. The arbitration and conciliation amendment act, 2015. Arbitration and conciliation act 1996 india corporate law. The act consolidated the arbitration laws and went much beyond the scope of the arbitration act of 1940.
This version of this act contains provisions that are prospective. Arbitration means any arbitration whether or not administered by permanent arbitral institution. Section 9 of the arbitration and conciliation act, 1996, only deals with the interim measure by the court. And whereas it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid model law and rules. Arbitration and conciliation act, 1996 has to be made by an agreement between the parties within a 30 days b 45 days c 60 days d none of the above true or false 1. Llb h, damodaram sanjivayya national law university, visakhapatnam.
This is one of the chapter of jurisprudence interpretation and general laws of cs. Arbitration and conciliation act 1996, pdf arbitration. The sc in hindustan construction company limited v. Section 34 arbitration and conciliation act, 1996 time. Scope under section 9 of of the arbitration and conciliation. The said clauses have been added to the act of 1996 by amending act 3 of 2016 w. An act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or. Be it enacted by parliament in the seventieth year of the republic of india as follows. Application under section 34 of the arbitration and. Not to be confused with arbitration act 1996 new zealand or arbitration and conciliation act 1996. The 1996 act is based on the uncitral model to make our arbitration laws in sync with the international model law. The 1996 act only applies to parts of the united kingdom. An act further to amend the arbitration and conciliation act, 1996. The appellant argued that the new provisions meant.
Judgments on section 34 of arbitration and counciliation act, 1996. Sc strikes down section 87 of the arbitration and conciliation act, 1996. Part i arbitration 16th aug 1996 chapter igeneral provisions sec 16 chapter ii arbitration agreement sec 79 chapter iii composition of arbitral tribunal sec 1015 chapter iv jurisdiction of arbitral tribunals sec 1617 chapter v conduct of arbitral proceedings. Some of the key highlights of the arbitration and conciliation amendment act, 2019 amendment act are set out below.