Arbitration and Conciliation Act

Draft Arbitration Agreement

Corporate Law - In the 1940 Act, the Arbitration Agreement was defined under Section 2(a) as-“A written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.” The vague definition was replaced in the 1996 Act by Section 7 which stated  the Arbitration and Conciliation Act, 1996 enumerates th...

Read More

Alternate Dispute Resolution

Corporate Law - ADR is a substitute for the more common judicial process. ADR includes methods like negotiation, conciliation, mediation and arbitration. It avoids the cost and time involved in the normal Court procedures. So. Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. It refers to any m...

Read More

The Beginning of a New Era for Insolvency Arbitration in India

Corporate Law - Though at first glance insolvency and arbitration appear opposed, there are some circumstances when the two intersect sufficiently to warrant either legislative action or, failing that, judicial reflection....

Read More

Enforcement of an arbitration agreement

Corporate Law - At the outset, by including an arbitration clause in a contract, the parties choose to settle their disputes –in the event any arise– out of court. Accordingly, those disputes will be submitted to the arbitrator(s). So, the question arises, that how the parties would refer the dispute to an arbitrator, is the law implied law […...

Read More

Analysis of Section 8 of Arbitration and Conciliation Act, 1996

Corporate Law - Analysis of Section 8 of The Arbitration and Conciliation Act, 1996 keeping in view the commercial interest and recent pronouncement of the Court(s) in India?[1] Introduction The Arbitration and Conciliation Act was legislated by the parliament in the year 1996 and was amended from time to time. It is pertinent to note that The Arbitratio...

Read More

Arbitration under MSME Act

Corporate Law - Sub-section 3 of Section 18 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides that where the conciliation fails under the provisions of the Act, the Micro & Small Enterprises Facilitation Council (MSEFC) shall either itself take up the dispute for arbitration or refer it to any institution or centre providi...

Read More

HLC to review Institutionalisation of Arbitration Mechanism in India

Corporate Law - Comments invited on working paper of high level committee (HLC) to review Institutionalisation of Arbitration Mechanism in India by 7 April 2017...

Read More

Constitution of HLC to review Institutionalization of Arbitration Mechanism

Corporate Law - In order to ensure speedy resolution of commercial disputes and to facilitate effective conduct of international and domestic arbitrations raised under various agreements Government has decided to constitute a High Level Committee (HLC) in the Ministry of Law and Justice...

Read More

Foreign arbitration award enforceable in India according to the Arbitration and Conciliation Act

Corporate Law - The Delhi high court has held that the foreign arbitration award in the dispute between US firm Penn Racquet Sports and Indian company Mayor International Ltd was enforceable in this country according to the Arbitration and Conciliation Act. The awar...

Read More

Guarantor-director cannot be dragged into arbitration

Corporate Law - The Supreme Court (SC) ruled last week that a guarantor outside an arbitration agreement cannot be made a party to the arbitration proceedings. It reversed the judgment of the Delhi high court which had asked the guarantor to comply with the award of...

Read More

Explanation of nature of dispute not required in notice issued u/s 21 of Arbitration and Conciliation Act

Hemlata Jain W/O Deepak Kumar Jain Vs Padmavati Analkumar Mishra W/O Late Anala Kumar Mishra (Gujarat High Court) - Gujarat High Court held that notice invoking arbitration clause issued under section 21 of the Arbitration and Conciliation Act, 1996 doesn’t require that the nature of dispute has to be enumerated or explained in the notice....

Read More

MSMED Act, 2006 overrides Arbitration Act, 1996

Gujarat State Civil Supplies Corporation Ltd Vs Mahakali Foods Pvt. Ltd (Supreme Court of India) - Supreme Court held that chapter-V of the MSMED Act, 2006 would override the provisions of the Arbitration Act, 1996. Accordingly, the Micro and Small Enterprises Facilitation Council shall have jurisdiction to proceed with the dispute covered u/s 17 of MSMED Act, 2006 despite the existence of an ind...

Read More

Matters covered by special laws creating special rights, to be enforced by special forums under special procedures are non-arbitrable

Bell Finvest India Limited Vs A U Small Finance Bank Limited (Delhi High Court) - Delhi High Court held that the remedy of arbitration provided in section 11 of the SARFAESI Act cannot override the special remedies stipulated under the set of special laws, and therefore even statutory arbitration cannot derogate from a remedy available to a lender for enforcing a security interes...

Read More

Application under Section 11(6) cannot be dismissed on the pendency of proceedings before the NCLT: Supreme Court

VGP Marine Kingdom Pvt Ltd & Anr. Vs Kay Ellen Arnold (Supreme Court of India) - Honble Supreme Court held that the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 cannot be dismissed on the pendency of proceedings before the National Company Law Tribunal (NCLT) initiated by the respondent for various acts of oppression and mismanagement as a minori...

Read More

Arbitrator become Ineligible if his Close Relative is controlling the Company

Abhay Trading Pvt. Ltd Vs National Aluminium Company Ltd (Orissa High Court) - Abhay Trading Pvt. Ltd Vs National Aluminium Company Ltd (Orissa High Court) 1. The challenge in the present petition is to continuance of the Arbitrator presently seized of adjudicating the dispute between the parties in view of declaration made by such Arbitrator on 9th September, 2021 that his yo...

Read More

New Delhi International Arbitration Centre (Amendment) Bill, 2022

Bill No. 186 of 2022 - (29/07/2022) - New Delhi International Arbitration Centre (Amendment) Bill, 2022 is Introduced in Lok Sabha to to change the name of the Centre from New Delhi International Arbitration Centre to India International Arbitration Centre so that a unique identity of the institute of national importance as conferred on...

Read More

Arbitration and Conciliation (Amendment) Act, 2021

Notification No. 03 of 2021 - (11/03/2021) - (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2021. (2) Save as otherwise provided in this Act, it shall be deemed to have come into force on the 4th day of November, 2020....

Read More

Arbitration & Conciliation (Amendment) Bill, 2021 introduced in Lok Sabha

Bill No. 16 of 2021 - (04/02/2021) - THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2021 A BILL further to amend the Arbitration and Conciliation Act, 1996. ...

Read More

Arbitration and Conciliation (Amendment) Ordinance, 2020

No. 14 of 2020 - (04/11/2020) - (1) This Ordinance may be called the Arbitration and Conciliation (Amendment) Ordinance, 2020. (2) Save as otherwise provided in this Ordinance, it shall come into force at once....

Read More

Govt notifies few sections of Arbitration and Conciliation (Amendment) Act, 2019 wef 30.08.2019

Notification No. S.O. 3154(E) - (30/08/2019) - Central Government hereby appoints the 30th August, 2019 as the date on which the provisions of the  section 1, section 4 to section 9 [both inclusive], section 11 to section 13 [both inclusive] and section 15 of Arbitration and Conciliation (Amendment) Act, 2019. MINISTRY OF LAW AND JUSTICE (Depar...

Read More

Arbitration and Conciliation Act’s Popular Posts

Recent Posts in "Arbitration and Conciliation Act"

Explanation of nature of dispute not required in notice issued u/s 21 of Arbitration and Conciliation Act

Hemlata Jain W/O Deepak Kumar Jain Vs Padmavati Analkumar Mishra W/O Late Anala Kumar Mishra (Gujarat High Court)

Gujarat High Court held that notice invoking arbitration clause issued under section 21 of the Arbitration and Conciliation Act, 1996 doesn’t require that the nature of dispute has to be enumerated or explained in the notice....

Read More

MSMED Act, 2006 overrides Arbitration Act, 1996

Gujarat State Civil Supplies Corporation Ltd Vs Mahakali Foods Pvt. Ltd (Supreme Court of India)

Supreme Court held that chapter-V of the MSMED Act, 2006 would override the provisions of the Arbitration Act, 1996. Accordingly, the Micro and Small Enterprises Facilitation Council shall have jurisdiction to proceed with the dispute covered u/s 17 of MSMED Act, 2006 despite the existence of an independent arbitration agreement between t...

Read More

Matters covered by special laws creating special rights, to be enforced by special forums under special procedures are non-arbitrable

Bell Finvest India Limited Vs A U Small Finance Bank Limited (Delhi High Court)

Delhi High Court held that the remedy of arbitration provided in section 11 of the SARFAESI Act cannot override the special remedies stipulated under the set of special laws, and therefore even statutory arbitration cannot derogate from a remedy available to a lender for enforcing a security interest and the doctrine of election is simply...

Read More

Application under Section 11(6) cannot be dismissed on the pendency of proceedings before the NCLT: Supreme Court

VGP Marine Kingdom Pvt Ltd & Anr. Vs Kay Ellen Arnold (Supreme Court of India)

Honble Supreme Court held that the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 cannot be dismissed on the pendency of proceedings before the National Company Law Tribunal (NCLT) initiated by the respondent for various acts of oppression and mismanagement as a minority shareholder....

Read More

Draft Arbitration Agreement

In the 1940 Act, the Arbitration Agreement was defined under Section 2(a) as-“A written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.” The vague definition was replaced in the 1996 Act by Section 7 which stated  the Arbitration and Conciliation Act, 1996 enumerates th...

Read More
Posted Under: Corporate Law |

Alternate Dispute Resolution

ADR is a substitute for the more common judicial process. ADR includes methods like negotiation, conciliation, mediation and arbitration. It avoids the cost and time involved in the normal Court procedures. So. Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. It refers to any m...

Read More
Posted Under: Corporate Law |

Arbitrator become Ineligible if his Close Relative is controlling the Company

Abhay Trading Pvt. Ltd Vs National Aluminium Company Ltd (Orissa High Court)

Abhay Trading Pvt. Ltd Vs National Aluminium Company Ltd (Orissa High Court) 1. The challenge in the present petition is to continuance of the Arbitrator presently seized of adjudicating the dispute between the parties in view of declaration made by such Arbitrator on 9th September, 2021 that his younger brother was at that point in [&hel...

Read More

An arbitral award which rewrites contract is liable to set aside

Calcom Cement India Ltd. Vs Binod Kumar Bawri & Ors. (Delhi High Court)

Delhi High Court held that rewriting of a contract between two parties, especially a commercial contract, is completely impermissible in law. Accordingly, an arbitral award which rewrites the contract is bound to be set aside....

Read More

Order passed u/s 11 of Arbitration and Conciliation Act, 1996 cannot be reviewed

Nagireddy Srinivasa Vs Chinnari Suryanarayana (Andhra Pradesh High Court)

Held that there is no provision in the Arbitration and Conciliation Act, 1996, providing for a review of an order passed under Section 11 of the Act....

Read More

Arbitration – Legal remedy cannot be extended by consent

Extramarks Education India Private Limited Vs Ram School (Delhi High Court)

Extramarks Education India Private Limited Vs Ram School (Delhi High Court) The petitioner’s other objection, that since in its reply dated 31.08.2021 the respondent themselves were willing to accept and had given their consent for appointment of an arbitrator “near to the locality” where the respondents were located, is neither her...

Read More

Browse All Categories

CA, CS, CMA (6,180)
Company Law (8,631)
Corporate Law (10,962)
Custom Duty (9,594)
DGFT (4,887)
Excise Duty (4,929)
Fema / RBI (5,344)
Finance (5,765)
Income Tax (43,204)
SEBI (4,663)
Service Tax (4,094)