“ARBITRAL PROCEEDING”

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE COURSE TITLED –

ALTERNATIVE DISPUTE RESOLUTION

FEBRUARY, 2021

SUBMITTED TO:
MR.HRISHIKESH MANU
FACULTY OF LAW

SUBMITTED BY:
NAME: ANDLIB IMROSE
COURSE: B.A. LL.B (Hons.)
ROLL NO: 1915
SEMESTER: 6th

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA - 800001
ARBITRAL PROCEEDING

TENTATIVE CHAPTERISATION

* Introduction

*Aims and Objectives

* Hypothesis

* Research Methodology

*Sources of Data

1. The concept of Arbitration

2. Matters that affect the Arbitral Procedure

3. Rules of procedure in Arbitration

4. Place of Arbitration

5. Commencement of Arbitral Proceedings

6. Language or Languages of the Arbitral Proceedings

7. Organising the Proceedings

8. Expert appointment by Arbitral Tribunal

9. Evidence

10. Conclusion & Suggestion

Bibliography

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INTRODUCTION

Arbitration proceedings are not in complex in nature unlike in regular courts, it’s pretty simple
and easy. A party commences an arbitration proceeding by issuing a notice in written to the
other party of its intention to refer the matter to arbitration. The respondent replies to the
arbitration by filing answer against the arbitration claim within stipulated time period specifying
relevant facts and available defences against the claim. Unless otherwise agreed by the parties,
Arbitration proceedings are deemed to be commenced on the date on which the respondent
receives such notice from the claimant. After the selection of Arbitrators, parties meet in
persons for the conduct of the hearing in front of arbitrators. Lastly, after the examination of
witnesses and evidences. The arbitrator, in concluding stage, gives ‘award’ which is binding in
nature. Conduct of Arbitral proceedings are provided in Chapter V of Arbitration and
Conciliation Act, 1996.

AIMS AND OBJECTIVES

➢ To study the concept of Arbitration.

➢ To analyse the matters which affect the arbitration, rules of procedure etc.

➢ To analyse the steps followed in the Arbitration process.

RESEARCH METHODOLOGY

The researcher will be relying on Doctrinal method of research to complete the project

HYPOTHESIS

The researcher tends to presume that the Arbitration proceeding reduces the burden of pending
litigation in the courts in India.

SOURCES OF DATA

The researcher will be relying on both primary and secondary sources to complete the project.

1. Primary Sources: Acts & Articles

2. Secondary Sources: Books, newspapers, journals, cases and websites.

LIMITATION
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▪ There is a time limitation for the researcher to finish the research.

▪ The researcher is limited to his own self for the research.

BIBLIOGRAPHY

The researcher has consulted following sources to complete the rough proposal:

PRIMARY SOURCES:

➢ K.K. Kovach, Mediation: Principles and Practice 143 (1st ed., St. Paul: West Publishing
Co., 1994).
➢ L. Boulle & M. Nesic, Mediation: Principles, Processes and Practice 501 (1st ed., London:
Butterworths, 2001).
➢ Lloyd’s Introduction to Jurisprudence 495 (M.D.A. Freeman Ed., 6th ed., London: Sweet
& Maxwell, 1996).
➢ P.C. Rao, The Arbitration and Conciliation Act, 1996 76 (1st ed., New Delhi: Universal
Law Publishing Company, 1997).
➢ R.W.M. Diaz, Jurisprudence 28 (5th ed., New Delhi: Aditya Books, 1994).
➢ Ratanlal and Dhirajlal’s The Law of Evidence 90 (Justice Y.V. Chandrachud & V.R.
Manohar, Ed., 19th ed., Nagpur: Wadhwa & Co., 1997).
➢ Ronald Bernstein, Handbook on arbitration Practice 99 (1 st ed., London: Sweet &
Maxwell, 1987).
➢ S.B. Goldberg et al., Dispute Resolution: Negotiation, Mediation and Other Processes 180
(2nd ed., New York: Aspen Law & Business, 1992).

Dictionaries

➢ Black’s Law Dictionary, 1979

➢ Oxford English Dictionary, 1995

SECONDARY SOURCES:

➢ https://blog.ipleaders.in/arbitration-procedures-india/
➢ https://www.myadvo.in/blog/steps-of-arbitration-in-india/
➢ https://www.stewartslaw.com/expertise/international-arbitration/arbitration-process/
➢ https://www.lexology.com/library/detail.aspx?g=137061bc-e438-42dd-b184-d0ab17ac68cd

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