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ADR · Unit 2

The Arbitration and Conciliation Act, 1996: Domestic Arbitration

Unit 2 of Alternate Dispute Resolution (syllabus: Module II — the Arbitration and Conciliation Act 1996: agreement, appointment, jurisdiction, conduct of proceedings, award, setting aside and enforcement). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • When is a clause naming a third-party decision-maker an arbitration agreement, and when is it only expert determination?
  • When must a court refer parties to arbitration instead of trying the suit?
  • Who appoints an arbitrator when the parties' own machinery fails, and how wide is the enquiry?
  • Who decides whether the arbitral tribunal has jurisdiction, and when must the objection be taken?
  • Where does a party go for interim protection - the court or the tribunal?
  • What must an arbitral award contain, and what interest and costs may it carry?
  • On what grounds, and within what time, may an arbitral award be set aside?
  • Does filing a petition to set aside an award stop it from being enforced?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit

In this paper