Which Act governs arbitration and conciliation in India?
Arbitration and conciliation in India are governed by the:
Arbitration and Conciliation Act, 1996
This Act is based on the UNCITRAL Model Law and covers:
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Domestic arbitration
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International commercial arbitration
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Enforcement of arbitral awards
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Conciliation procedures
It has been amended several times, including major amendments in 2015, 2019, and 2021 to make dispute resolution faster and more efficient.
The Act that governs arbitration and conciliation in India is the Arbitration and Conciliation Act, 1996. This Act consolidates and amends the law relating to domestic arbitration, international commercial arbitration seated in India, enforcement of foreign arbitral awards, and also defines the law relating to conciliation. It provides a legal framework for arbitration agreements, appointment of arbitrators, procedures for hearings, issuance, challenges, and enforcement of arbitral awards. The Act is aligned with the UNCITRAL Model Law, covering both arbitration and conciliation as methods of alternative dispute resolution in India. It is divided into four parts which broadly cover domestic arbitration, enforcement of foreign awards, conciliation, and supplementary provisions. The Act has been amended periodically, with the latest amendment in 2021, which refined qualifications for arbitrators and introduced provisions on staying awards in cases of fraud or corruption. The Arbitration and Conciliation Act, 1996 is the primary legislation reflecting India’s modern and consolidated approach to arbitration and conciliation.
