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  • Arbitration Act (1996)

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    The Arbitration Act of 1996 establishes arbitration as an alternative to litigation for settling civil disputes between parties through an impartial third-party arbitrator. The objectives of the Act are to cover commercial arbitration and establish an efficient and fair arbitral procedure that meets the specific needs of arbitration. Arbitration agreements must be in writing and refer disputes to arbitration to avoid publicity and reduce expenses associated with litigation. Matters involving contracts, property, and time-barred claims can be referred to arbitration, but not matters involving family law, insolvency, guardianship, or criminal cases. Arbitrators are to make awards in a timely manner and encourage settlement through mediation or conciliation while acting impartially. Arbitral

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    Arbitration Act (1996)

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    The Arbitration Act of 1996 establishes arbitration as an alternative to litigation for settling civil disputes between parties through an impartial third-party arbitrator. The objectives of the Act are to cover commercial arbitration and establish an efficient and fair arbitral procedure that meets the specific needs of arbitration. Arbitration agreements must be in writing and refer disputes to arbitration to avoid publicity and reduce expenses associated with litigation. Matters involving contracts, property, and time-barred claims can be referred to arbitration, but not matters involving family law, insolvency, guardianship, or criminal cases. Arbitrators are to make awards in a timely manner and encourage settlement through mediation or conciliation while acting impartially. Arbitral

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
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    Download as pptx, pdf, or txt
    107 views8 pages

    Arbitration Act (1996)

    Uploaded by

    hardeepcharming
    The Arbitration Act of 1996 establishes arbitration as an alternative to litigation for settling civil disputes between parties through an impartial third-party arbitrator. The objectives of the Act are to cover commercial arbitration and establish an efficient and fair arbitral procedure that meets the specific needs of arbitration. Arbitration agreements must be in writing and refer disputes to arbitration to avoid publicity and reduce expenses associated with litigation. Matters involving contracts, property, and time-barred claims can be referred to arbitration, but not matters involving family law, insolvency, guardianship, or criminal cases. Arbitrators are to make awards in a timely manner and encourage settlement through mediation or conciliation while acting impartially. Arbitral

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 8

    ARBITRATION ACT (1996)

    Arbitration is one of the oldest methods of setting civil disputes between two or more parties by reference of the dispute to an independent and impartial third person called arbitrator instead of litigating the matter in the usual way through the courts

    OBJECTIVES OF THE ACT


    To cover commercial arbitration. To make provision for an arbitral procedure which is fair efficient and capable for meeting the needs of specific arbitration. Final award is enforced in same manner like decree of court

    Arbitration

    agreement by the parties to submit to arbitration all disputes ( supply of rice and disputes about quality) Arbitration agreement must be in writing and refer a dispute to arbitration to avoid publicity and proceeding and reduction of expenses and saving

    MATTERS WHICH CAN BE REFFERED TO ARBITRATION


    Determination of arbitration in case of breach of contract Question of validity of marriage Separation between husband and wife Time barred claims

    THE MATTER THAT CANNOT REFFERED TO ARBITRATION ARE


    Matrimonial matters e.g. divorce, etc. Insolvency matters Regarding guardianship of minor Matters of criminal nature

    Settlement :In spite of an arbitration agreement, an arbitral tribunal may encourage settlement of dispute use meditation. Conciliation. During arbitral proceedings to encourage settlement.

    Duties of Arbitrators
    To make an award with in the prescribed time. To act judiciary and impartially and shall secretly communicate with any party or the party who has appointed him. Shall not misconduct or accept improper gratification . Encourage settlement by mediation . Observe rule of natural justice.

    ARBITRAL AWARD
    Its is a final judgement of the arbitral tribunal on all matters referred to it. Its a binding in a same manner as the decision of a law court. An arbitral award may be set aside by court only if the party making the application furnishes proof that is not valid under the law. Not given proper notice of appointment or proceedings and unable to present case. Setting aside award within 3 months from the date of award.

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