Arbitration Law 2

Ans: Thw Arbitrator is appointed under section 11 of Arbitration and Conciliation Act, 1996. The sole Arbitrator can be appointed if the both the parties give consent for the appointment of sole arbitrator.   According to section 2(1)(d) of Arbitration and Conciliation Act,  1996, arbitral tribunal” means a sole arbitrator or a panel of arbitrators.  These arbitrators have quasi-judicial authority because they act as private judges in civil matters.

Ans:  The definition of Arbitration Award is given under section 2(1)(c) of Arbitration and Conciliation Act,  1996.  According  to Section  2(1)(c) of Arbitration and Conciliation Act, 1996 , an arbitration award includes an interim award.  Interim award is a temporary award until the tribunal has given its final decision. Section 17 of arbitration and conciliation act mentions about the interim orders or interim award. 

Ans:  The definition of  Arbitration Agreement is defined under section 2(1)(b) of Arbitration and Conciliation Act,  1996.  According to section 7 of Arbitration and Conciliation Act,  1996, an “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. Arbitration agreement must be in the form of Arbitration clause or Seperate Agreement as per section 7(2) of Arbitration and Conciliation Act,  1996.

Ans:  Arbitrator is appointed in arbitration by arbitration tribunal.  The definition of Arbitration is given under Section 2(1)(a) of Arbitration and Conciliation Act,  1996. According to section 2(1)(a) of arbitration and conciliation act,  1996,  arbitration ” means any arbitration whether or not administered by permanent arbitral institution. The ICA was established in 1965 as a specialized arbitral body at the national level under the initiatives of the Government of India and apex business organizations FICCI. FICCI is Federation of Indian Chambers of Commerce & Industry.  The main objective of ICA is to promote amicable, quick and inexpensive settlement of commercial disputes by means of arbitration, conciliation, regardless of location.   Delhi Institute of International Arbitration is also a permanent arbitral institution. 

  Ans:  An arbitration is not defined in arbitration act , 1940 but it is defined under arbitration and conciliation act, 1996.  The arbitration and conciliation act comprises of four parts , 86 sections and 3 schedules.  An arbitration is a process of determination of disputes by the decision of one or more persons called the arbitrator. The definition of Arbitration is given under Section 2(1)(a) of Arbitration and Conciliation Act,  1996.  The definition of  Arbitration Agreement is defined under section 2(1)(b) of Arbitration and Conciliation Act,  1996.  The definition of Arbitration Award is given under section 2(1)(c) of Arbitration and Conciliation Act,  1996.  The Definition of Arbitration Tribunal is given under Section 2(1)(d) of Arbitration and Conciliation Act,  1996. The court is defined under Section 2(1)(e) of Arbitration and Conciliation Act, 1996.  The international commercial arbitration is defined under...

Ans:  Appeals are mentioned under section 96 to Section 112 and orders 41 to 45 of civil procedure code,  1908. 

Ans:  The sections for international commercial arbitration are from section 44 to Section 60 which mention foreign award. 

Ans:  Types of arbitration agreement:  There are two forms of Arbitration Agreement: 1.  Arbitration clause( Agreement before dispute) 2. Submission Agreement( Agreement after dispute )

Ans: Appealable orders for domestic award is mentioned under Section 37 of Arbitration and Conciliation Act whereas appealable orders under foreign award is mentioned under section 59 of Arbitration and Conciliation Act,  1996. 

Ans: The part 2 comprises of two chapters i.e.  chapter 1: New York Convention Awards and Chapter 2 : Geneva Convention Awards.

Ans:  The part 2 of arbitration and conciliation act , 1996 is enforcement of foreign award and comprises of sections from 44 to Sec 60. The Section 44 to section 52 is based on new york Convention whereas  section 53 to section 60 is based on Geneva Convention . Foreign Award (Recognition and Enforcement Act, 1961) is a consequence of Newyork Convention,  1958.  Foreign Arbitration Agreement is defined under Article 7 of uncitral model law. 

 Ans:  According to Wharton, an arbitration is the determination of a matter in dispute by the judgement of one or more persons, called arbitrators,  who in case of difference usually call in an umpire to decide between them . So in accordance with Wharton, an arbitration is the determination of a matter in dispute by the judgement of one or more persons, called arbitrators,  who in case of difference or in case of dispute usually call in an umpire or arbitrator  to decide between them . Note: Wharton us war+ ton. Keywords:  Call in : to call someone . In 1940, the Arbitration Act, 1940 was enacted by consolidating all the provisions related to arbitration, which remained enforceable till 1996. This act was only provisioned in relation to domestic arbitration and there was no provision for settlement of international disputes by arbitration under Arbitration Act,  1940. Growing international trade had given rise to many disputes, so there was a require...

Ans:  There are two acts i.e., Arbitration Act, 1937 that finds its genesis from the Geneva Protocol, 1923 as well as Geneva Convention, 1927 and similarly, the foreign awards (Recognition and Enforcement) Act, 1961 finds its root in New York Convention, 1958. In accordance with Section 44 of the Arbitration and Conciliation Act, 1996, a foreign award is defined as, “an arbitral award on differences that are related to the matters which are deemed commercial under the Indian law”. The two requirements for an award to be a foreign award are, firstly, it should resolve the discrepancies which result from a commercial legal relationship or a relationship that is considered commercial under the Indian law. Secondly, the country that is issuing the award must be a country that has been designated by the Indian Government as a country in which the New York Convention is made applicable. Hence only such arbitral awards are considered and implemented as foreign arbitral...