Arbitration and Conciliation Act 1996 Notes

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    The Arbitration and Conciliation Act,1996 was enacted with the objective of “to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of the foreign award, and also to define the law relating to the conciliation”.

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    Note: For books on Alternate Dispute Resolution Mechanisms, click here.

    Introduction to Alternate Dispute Resolution Mechanisms

    Topic Link To Notes
    Alternate Dispute Resolution Mechanisms: An Overview View Here
    Negotiation: A Mode of ADR View Here
    Scope of Alternative Dispute Resolution View Here
    Historical Background of Alternative Dispute Resolution View Here
    Advantages and Disadvantages of Alternative Dispute Resolution View Here
    Types of Lok Adalat View Here
    Importance of Alternative Dispute Resolution View Here
    Types of Dispute Resolution in India View Here
    Difference Between Dispute Resolution Mechanism and Alternative Dispute Resolution View Here
    What is Negotiation in Legal Disputes? View Here
    Difference Between Litigation and Alternative Dispute Resolution View Here
    Why is ADR Important in Reducing Court Backlog in India? View Here
    What is a Dispute Resolution Mechanism? View Here
    What is Online Dispute Resolution? View Here
    Benefits of Mediation View Here

    Introduction to Arbitration

    Topic Link To Notes
    What is Arbitration? View Here
    Types of Arbitration View Here
    What is Ad Hoc Arbitration? View Here
    Scope of Arbitration in India: A Comprehensive Overview View Here
    Difference Between Arbitration and Adjudication View Here
    Difference Between Arbitration and Litigation View Here
    Difference Between Mediation and Arbitration View Here
    Landmark Judgements on Arbitration in India in 2025 View Here
    Landmark Judgements on Arbitration in India View Here
    Hybrid Arbitration: All You Need to Know View Here
    Difference Between Arbitration, Conciliation and Mediation View Here
    Difference Between Arbitration and Conciliation View Here

    Arbitration Agreements under the 1996 Act

    Topic Link To Notes
    Arbitration Agreement under Arbitration and Conciliation Act  
    – Arbitration Agreement
    – Power to refer parties to arbitration where there is an arbitration agreement
    – Rule of severability
    – Laws to be applied to an arbitration
    – Extent of Judicial Intervention
    – Interim measures
    – Termination of the arbitration agreement    		 View Here
    Essentials of Arbitration Agreement View Here
    Section 11 of the Arbitration and Conciliation Act View Here
    Who Can Enter Into Arbitration Agreement? View Here
    Non-Signatories to Arbitration Agreements View Here
    Effect of Novation and Assignment on Arbitration Agreements View Here
    Validity of an Unstamped Arbitration Agreement View Here
    Validity of Arbitration Clauses in Standard Form Contracts View Here
    Incorporation of Arbitration Clause by Reference View Here
    Restrictive Arbitration Clauses: Meaning, Validity, and Judicial Approach View Here
    What are Pathological Arbitration Clauses? View Here
    Doctrine of Separability in Arbitration View Here

    Arbitrators

    Topic Link
    Who Is an Arbitrator? View Here
    Emergency Arbitrator in Indian Arbitration Law View Here
    Grounds for Challenging Appointment of an Arbitrator View Here
    Substitution and Replacement of Arbitrators View Here
    Termination of Mandate of Arbitrator View Here
    Removal of an Arbitrator under Arbitration and Conciliation Act, 1996 View Here
    Appointment of Arbitrators under Arbitration and Conciliation Act, 1996 View Here
    Ineligibility of Arbitrators Under Section 12(5) of Arbitration and Conciliation Act, 1996 View Here
    Disclosure Obligations of Arbitrators Under Section 12 View Here
    Independence and Impartiality of Arbitrators View Here

    Composition of Arbitral Tribunal

    Topic Link To Notes
    Composition of an Arbitral Tribunal under Arbitration And Conciliation Act  
    – Number of arbitrators
    – Appointment of arbitrators
    – Powers, Duties and liabilities of arbitral tribunal
    – Grounds for challenge
    – Practice and Procedure
    – Challenge and termination of authority of arbitrators.    		 View Here
    Unilateral Appointment of Arbitrator View Here

    Arbitral Tribunal

    Topic Link
    What Is an Arbitral Tribunal? View Here
    Is an Arbitral Tribunal a Court? View Here
    Difference Between Tribunals and Arbitral Tribunals View Here
    Interim Measures by Court and Arbitral Tribunal: Section 9 and 17 View Here
    Enforcement of Interim Orders Under Section 17 of Arbitration and Conciliation Act, 1996 View Here

    Jurisdiction of Arbitral Tribunal

    Topic Link To Notes
    Jurisdiction of Arbitral Tribunal under the Arbitration and Conciliation Act   View Here
    What is Kompetenz-Kompetenz Principle? View Here
    Where to File an Application to Set Aside an Arbitral Award View Here

    Conduct of Arbitral Proceedings

    Topic Link
    Conduct of Arbitral Proceedings under Arbitration and Conciliation Act, 1996 View Here
    Joinder of Parties and Consolidation of Arbitral Proceedings View Here
    Role of Expert Witnesses in Arbitration View Here
    Fast Track Arbitration Under Section 29B of Arbitration and Conciliation Act, 1996 View Here
    Time Limits for Arbitration Under Section 29A View Here

    Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996

    Topic Link To Notes
    What is an Arbitral Award? View Here
    Making of Arbitral Award and Termination of Proceedings under Arbitration and Conciliation Act, 1996  
    – Rules applicable to the substance of the dispute
    – Settlement
    – Form and contents of an arbitral award
    – Termination proceeding
    – Effect of an award.    		 View Here
    Types of Arbitral Awards in India View Here
    Understanding the Significance of Seat and Venue in Arbitration View Here
    Can Arbitral Awards Be Challenged? View Here
    Grounds for Challenging an Arbitral Award View Here
    Setting Aside of Arbitral Awards Under the Arbitration and Conciliation Act, 1996 View Here
    Public Policy of India as a Ground to Set Aside Arbitral Awards View Here
    Patent Illegality in Arbitration View Here
    Difference Between Setting Aside and Appeal in Arbitration View Here
    Consent Award in Arbitration View Here
    Settlement Agreement under Section 73 Arbitration and Conciliation Act, 1996 View Here

    Enforcement of Award under Arbitration and Conciliation,1996

    Topic Link To Notes
    Enforcement of Arbitral Award under Arbitration and Conciliation,1996  
    – Recourse against Arbitral Award
    – Finality and Enforcement of Arbitral Awards
    – Appeals    		 View Here
    Limitation Period for Section 37 Applications under Arbitration and Conciliation Act, 1996 View Here
    Enforcement of Foreign Awards in India View Here
    Stay of Enforcement of Arbitral Awards View Here
    Anti-Arbitration Injunctions in India View Here
    Extent of Judicial Intervention in Arbitration View Here

    Conciliation under Arbitration and Conciliation,1996

    Topic Link To Notes
    Conciliation and Conciliators under Arbitration and Conciliation Act, 1996   View Here
    Appointment of Conciliator View Here
    Role of Conciliator View Here
    Process of Conciliation View Here
    Difference Between Conciliation and Mediation View Here

    Mixed Forms of Dispute Resolution

    Topic Link
    What is Arb-Med-Arb Mechanism of Dispute Resolution? View Here
    Braided / Mixed Med-Arb View Here
    Arbitration-Mediation (Arb-Med) View Here
    Mediation-Arbitration (Med-Arb) View Here
    Differences Between Arb-Med and Med-Arb View Here

    Contemporary Developments

    Topic Link To Notes
    Mediation Act, 2023 View Here
    Group of Companies Doctrine in Arbitration Proceedings View Here
    Analysis of Section 42 on Section 8, 9 and 11 of the Arbitration and Conciliation Act View Here
    Role of Arbitration in Resolving Domain Name Disputes: Position in India View Here
    Annulment Proceedings under the ICSID Arbitration Rules View Here
    Does Arbitration Hinder the Growth of Common Law Jurisprudence? View Here

    Note: For books on Alternative Dispute Resolution Mechanisms, click here.

    For notes on other subjects, click here.

    For case briefs and analysis, click here.

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