ARBITRATION ACT 1996

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ARBITRATION ACT 1996
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• The Arbitration and Conciliation Bill was
  introduced in the parliament in 1995 and was
  passed in 1996 as Act No 26 of 1996.
• Earlier to this, the law on arbitration was
  contained in the foll. three enactment.
• The Arbitration Act 1940.
• The Arbitration (Protocol and convention) act
  1937 and
• Foreign awards Act 1961
• The present act has 86 section and three
  schedule.

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• GENISIS OF THE PRESENT ACT
• The United nation Commission on International
  trade law ( UNCITRAL) adopted a model law on
  international commercial arbitration in 1985.
• The General Assembly of United Nations advised
  all member countries to adopt the law.
• The law commission in India had been asking for
  change in the existing laws.
• It is in the above context that the New Act was
  passed by the parliament.

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• SECTIONS IMPORTANT FROM THE POINT OF VIEW OF AN
  ARBITRATOR.
• Section 2 Arbitration award includes an interim
  award. Arbitral tribunal means a sole arbitrator
  or a panel of arbitrators.
• Section 3 receipt of written communication means
  a proof of delivery to the party personally or
  at his place of business, habitual residence or
  mailing address .
• It is deemd to have been received on the day it
  so delivered.

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• Section 7 ARBITRATION AGREEMENT, it should be an
  writing, as a separate agreement or a part of
  contract,signed by both the parties.
• Section 10 NUMBER OF ARTIBTRATORS the number of
  arbitrators will be decided by the parties but
  they shall be even in number.
• If number of arbitrators can not be decided then
  the arbitration tribunal shall consist of a
  single arbitrator.
• Contd.

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• .Contd
• If parties do not concur in the appointment the
  court will make that appointment.
• The appointment has to been made within thirty
  days form the reside of request to do so form the
  other party. If this is not done than the chief
  justice can you requested to make the
  appointments.

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• Section 14 FAILURE OR IMPOSSIBLITY TO ACT a
  person will seas to be an arbitrator if he fames
  to act without undue delay, with bross from his
  office, both the parties agreed to terminate his
  services as an arbitratal.
• Section 19 DETERMINATION OF RULES AND PROCIDURE
  the parties are free to agree all the procedure
  to be follawed by the arbitratal triangular.
• Section 20 PLACE OF ARBITRATION the parties are
  free to agreed on the place of arbitration. If
  the parties can not decide than the arbitration
  triangular will decode.

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• Section 21 COMMENCEMENT OF ARBITRATION PROCESS
  the arbitration proceedings in respect of any
  dispute commence on the date on which a request
  for arbitration is received by the responded.
• Section 23 STATEMENTS OF CLAME AND DEFANCE the
  claimant shell state the fact supporting his
  claim within the period of time agreed upon by
  the parties or determined by the arbitrator.

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• Section 25 DEFAULT OF A PARTY the arbitral
  tribunal shall terminate the proceeding if the
  claimant fails to lodge his claim as prescribe in
  section 23 above.
• If the responded fails to communicate his
  statement of defense in accordance with section
  23, the arbitral triangular shell continue the
  proceeding as if the allegations have been
  accepted.