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The document discusses key aspects of arbitration law in India, including the Arbitration and Conciliation Act of 1996. The Act aims to minimize the role of courts in arbitration and establish arbitration as a self-contained procedure. It discusses some important sections of the Act related to interim measures, jurisdiction of tribunals, appeals, costs and evidence. It also discusses cases related to the applicability of the Code of Civil Procedure and notes there is debate around whether provisions of CPC apply to arbitration proceedings in civil courts.
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- 3. Arbitration and Conciliation Act, 1996 Civil Procedure Code, 1908 UNCITRAL New York Convention, 1958
- 4. Why? The Act was enacted in 1996 to fall in line with UNCITRAL International Commercial Arbitration laws What? Deals with domestic arbitration and enforcement of foreign awards
- 5. To minimise the supervisory role of courts in the arbitral process. The words arbitral process extends to the proceedings arising out of an arbitral award, in any civil court, under the various provisions of the Act of 1996 also. If this interpretation is accepted, then the role of the civil courts while dealing with any matter, arising out of the Act of 1996, shall be guided and controlled by the Arbitration and Conciliation Act of 1996 itself, as the Arbitration Act is a self-contained code in itself and one need not go beyond the Act for any procedural aspects to be followed in any civil courts. Clause (v)
- 6. S. 9 Interim Measures by the court A party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36 S.16 Absolute power to rule on jurisdiction to the Tribunal. Existence or validity of arbitration agreements also to be decided only by Tribunal. S.34 r/w 37 Appeal on limited question of fact and law
- 7. S. 16 r/w 34 (2) (a) Revision S. 31 Ss. 34 and 35 of CPC incorporated Concepts of costs and interest covered thereby. S. 27 Arbitrator to seek assistance of court to record evidence.
- 8. S. 26 Appoint commission ers and experts to adjudicate disputes. S. 19 No arbitral tribunal shall be bound by the CPC, 1908 or the Evidence Act, 1872
- 9. The applicability of the Code of Civil Procedure, 1908. Subject to what is provided for, in the Arbitration and Conciliation Act and these rules, the provisions of the Code of Civil Procedure and the Karnataka Civil Rules of Practice, may be applied to the proceedings under the Act to the extent considered necessary or appropriate by the Court, or judicial authority. Fear that decisions may be challenged in the higher courts, for not complying with the provisions of CPC etc. This attitude of the parties and courts, it is felt, is contrary to the very object of the law of arbitration and inconsistent with the main objective, which is to minimise the supervisory role of court in the arbitral process.
- 10. ITIv.SiemensNetwork The Act of 1996 has not expressly barred the application of provisions of CPC, no inference can be drawn that CPC is not applicable to the proceedings arising out of the Act in the civil courts PushpaMv.Admiral RadhakrishnanTahlani The exclusion can also be a matter of direct inference from the law itself. No doubt, this decision cannot stand against the decision of the Honble Supreme Court of India in ITI Ltd. case KonkanRlyCorporation v.RaniConstructions Any rules framed by the Chief Justice, including the Chief Justice of India, under the Act, which are inconsistent with or beyond the terms of the statute, have been held to be bad and suggested to be amended. In this view, Rule 12, framed by the Honble High Court of Karnataka, may need revision
- 11. Even when the reference for Arbitration has been made under section 89(2) the provisions of the Arbitration and Conciliation Act, 1996 shall apply as if the proceedings for Arbitration or Conciliation were referred for settlement under the provisions of Section 8 of the Act. The 1996 Act governs a case where arbitration is agreed upon before or pending a suit by all the parties. It however, doesnt contemplate a situation as in s.89 where the Court asks the parties to choose one or other ADRs. The Act would apply only from the stage after reference.