Unit 2 of Practical Training – II: 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
- Arbitration and Conciliation Act, 1996, s. s. 7
- Arbitration and Conciliation Act, 1996, s. ss. 5, 8
- Arbitration and Conciliation Act, 1996, s. ss. 10, 11, 12, 13
- Arbitration and Conciliation Act, 1996, s. s. 16
- Arbitration and Conciliation Act, 1996, s. ss. 9, 17
- Arbitration and Conciliation Act, 1996, s. ss. 31, 31A, 33
- Arbitration and Conciliation Act, 1996, s. s. 34
- Arbitration and Conciliation Act, 1996, s. ss. 35, 36, 37
Leading cases
- K.K. Modi v. K.N. Modi
- Sukanya Holdings (P) Ltd. v. Jayesh H. Pandya
- SBP & Co. v. Patel Engineering Ltd.
- Olympus Superstructures (P) Ltd. v. Meena Vijay Khetan
- Sundaram Finance Ltd. v. NEPC India Ltd.
- Union of India v. Popular Constructions Co.
- Board of Control for Cricket in India v. Kochi Cricket (P) Ltd.