GOVERNMENT POLYTECHNIC SOLAPUR.

MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION,

MUMBAI. (2020-2021)

PROJECT REPORT : Study of The Arbitration And Conciliation Act,1996

SUBMITTED BY:

1) Jundale Mallikarjun
2) Helkar Niranjan
3) Nampalli Ambadas
4) Joshi Dwarkadhish
5) Manjeli Chandrakant

In The Partial fulfillment Of six Semester Of Diploma In Engineering And Technology In .

Name Of Branch : Civil

Engineering

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 CERTIFICATE

Maharashtra State Board Of Technical Education,

Mumbai
Government Polytechnic

Project Name: Study of The Arbitration And Conciliation

Act,1996

This Is To Certify That The Following Students:

1) Jundale Mallikarjun
2) Helkar Niranjan
3) Nampalli Ambadas
4) Joshi Dwarkadhish
5) Manjeli Chandrakant

Of six Semester Of Diploma In Civil Engineering

(Regular) Of Institute Government Polytechnic Solapur (Code: 0015)
Have Competed The Micro Project Work Satisfactory Under My
Supervision And Guidance In Subject Contracts and Account (22601)
For The Academic Year 2021 – 2022 As Prescribed In Curriculum.

Prof : Anup Gaikwad Prof : Hunsimarad.S.K.

( Lec In CAA) ( HOD & Principal )

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 Acknowledgment

We would like to express our sincere gratitude to our subject

Teacher Anup Gaikwad ,our HOD and our principal for their
Valuable guidance. We would like to express our sincere thanks
to the faculty Members and supporting staff of Civil department
for Providing endless supports during this work .

Roll No. Name Enrollment Number

76 Jundale Mallikarjun 2000150631
75 Helkar Niranjan 2000150630
77 Nampalli Ambadas 2000150632
81 Joshi Dwarkadhish 2000150636
80 Manjeli Chandrakant 2000150635

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 Index

Sr. No. Name of Content Page No.

1. Annexure I 5.

2. Action Plan 6.

3. Introduction 7.

4. Definition of Arbitration & 8.

Conciliation

5. The main objectives of the 9.

Act

6. Construction References 10.

7. Advantages & Disadvantages 11.

of the Act

8. Conclusion 13.

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 Annexure 1

❖ Literature review
We collect the information about this micro project is Contracts And Accounts.

❖ Proposed methodology
We planned to complete our micro-project on the topic “The Study
Of Arbitration And Conciliation Act 1996” in the following steps:

1) Select the topic for the micro-project by taking the reference

of curriculums
2) Distribution of work squally among the team members.
3) Planning of the time and works given to responsible team members.
4)Collection of information about micro-project from various books,
app software, websites, and if possible through practical visit.
5) Analysis and arrangement of the collected information in the form
of report.
6) Preparation of report using MS word in laptop, PC or mobile
phone.
7) Preparation for the presentation.

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 ❖ Action Plan

Details of Planned Planned finish Name of responsible

activity start date date team members
Selection of 01-04-2022 03-04-2022 All team members
Topic of micro
project
Planning of micro 03-04-2022 10-04-2022 All team members
project
Information 10-04-2022 15-04-2022 Jundale Mallikarjun
collection

Analysis data 15-04-2022 18-04-2022 Jundale Mallikarjun

development &
formatting of
project report
Report preparation 18-04-2022 01-05-2022 All team members

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 Introduction
The Arbitration and Conciliation Act, 1996 ("Arbitration Act") has been
enacted in order to consolidate and amend the law relating to domestic
arbitration, international commercial arbitration and enforcement of
foreign arbitral awards as also to define the law relating to conciliation.
The legislative intent and essence of the Arbitration Act is to bring
domestic as well as international commercial arbitration in consonance
with the UNCITRAL Model Rules, the New York Convention and the
Geneva Convention. The main objective of the Arbitration Act is to
make provision for an arbitral procedure which is fair, efficient and
capable of meeting the needs of the specific arbitration and to
minimize the supervisory role of the courts in the arbitral process and
to permit an arbitral tribunal to use mediation, conciliation or other
procedures during the arbitral proceedings in settlement of the
disputes. In furtherance of the aforesaid objective, the Arbitration Act
underwent two major amendments in the year 2015 and 2019,
respectively, in order to bring forth pertinent changes in the arbitration
landscape of the country with the sole motive of making India an
arbitration friendly nation

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What is exactly the Arbitration :-
"Arbitration is the reference of dispute between not less than two
parties, for determination, after hearing both sides in a judicial manner,
by a person or persons other than a court of competent jurisdiction."

What is Conciliation :-
An Act to consolidate and amend the law relating to
domestic arbitration, international commercial arbitration and
enforcement of foreign arbitral awards as also to define the law
relating to conciliation and for matters connected therewith or
incidental thereto
“Legal representative” means a person who in law represents the
estate of a deceased person, and includes any person who
intermeddles with the estate of the deceased, and, where a party
acts in a representative character, the person on whom the estate
devolves on the death of the party so acting.

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The main objectives of the Act are as follows:

➢ To ensure that rules are laid down for international as well as

domestic arbitration and conciliation.

➢ To ensure that arbitration proceedings are just, fair and effective.

➢ To ensure that the arbitral tribunal gives reasons for its award
given.

➢ To ensure that the arbitral tribunal acts within its jurisdiction.

➢ To permit the arbitral tribunal to use methods such as mediation

and conciliation during the procedure of arbitration.

➢ To minimise the supervisory role of courts.

➢ To ensure that an arbitral award is enforceable as a decree of the

court.

➢ To ensure that the result of conciliation proceedings may be

treated as arbitral awards on agreed terms.

➢ To treat awards given in a foreign country to which any one of the

two international conventions apply as followed by India as being
a foreign arbitral award.

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Construction of references :-

➢ Where this Part, except section 28, leaves the parties free to
determine a certain issue, that freedom shall include the right of
the parties to authorise any person including an institution, to
determine that issue.

➢ An arbitral award made under this Part shall be considered as a

domestic award.

Where this Part-

➢ Refers to the fact that the parties have agreed or that they may
agree, or In any other way refers to an agreement of the parties,

➢ That agreement shall include any arbitration rules referred to in

that agreement.

➢ Where this Part, other than clause (a) of section 25 or clause (a)
of sub-section (2) of section 32, refers to a claim, it shall also apply
to a counter-claim, and where it refers to a defence, it shall also
apply to a defence to that counter-claim.

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Advantages of commercial arbitration in India include:
➢ Resolution time, which is nearly always substantially less than the
time taken in resorting to conventional dispute resolution
methods.

➢ Freedom of parties to choose the procedure under which their

dispute is to be settled, therefore saving time. This becomes
particularly relevant in more complex disputes where the parties
are able to set block dates for trial and hearing, which is a big
advantage over the court system where trials can go on for up to
a decade, with multiple judges hearing the dispute at different
stages.

➢ Ability of parties to appoint arbitrators with specialist knowledge,

which is particularly useful in disputes involving technical
matters. In court proceedings, the parties may find themselves
before courts which do not have sufficient experience in handling
commercial disputes.

The disadvantages include:

➢ Court interference. Historically, this was a significant
disadvantage of arbitrating disputes in India but this has been
remedied to some extent with recent legislative measures and
judicial decisions. However, in the limited circumstances where
judicial intervention is permitted, it continues to be a problem
primarily due to the severe backlog of cases, and the time taken
to dispose of matters, even if on merits the outcome is pro-
arbitration.

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➢ Lack of a specialist arbitration bar. This means that hearings in
some arbitrations are conducted after court hours, or over the
weekends for a few hours each day, with hearings spread out
over several months. This problem has been partly remedied by
the strict timelines now imposed by law to complete arbitration
proceedings. There has also been increased specialisation among
lawyers in arbitration recently.

➢ Reluctance of the parties, counsel and the courts to appoint

arbitrators from outside the pool of retired judges which has
resulted in arbitrations routinely being conducted like an
extension of the court system with arbitrators willing to apply the
procedural rules of court as a matter of course. To avoid this,
parties are forced to choose from a very limited pool of
competent arbitrators who tend to be expensive and busy. These
problems are compounded by the fact that a majority of
arbitrations in India are ad hoc without an institution exercising
some degree of control or oversight over the process and the
arbitrators.

➢ Lack of proper transcription facilities in India, resulting in hearings

taking significantly longer than they should. This significantly
reduces the cost and time efficiencies of arbitration.

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Conclusion:-
The Arbitration and Conciliation Act, 1996 provides for legal framework
for settlement of disputes outside the court. Arbitration is an
arrangement agreed upon by parties concerned to refer the disputes
to a neutral third party for settlement. Based on UNCITRAL Model
Laws, 1985 and UNCITRAL Conciliation Rules, 1980.

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