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HomeArbitration and Conciliation Act 1996 Notes

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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