arbittraion for tge carrer growth of the newly employer.pptx

Arbitration

1. ARBITRATION ACT Lecture by Er R.JAYAVEL FIE, FIV, Retired Executive Engineer cum Senior Manager Approved Engineer Grade 1 & Structural Engineer Grade 2 CMDA Approved Valuer

2. The Arbitration and conciliation act 1996 An act to consolidate and amend the law relating to domestic arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.

3. Part 1 --ARBITRATION chapter 1 General provision DEFINITIONS (a) ‘Arbitration’ –arbitration whether or not administrated by permanent arbitral institution (b) ‘Arbitration’ agreement ‘ means an agreement referred to in section 7

4. (c) ‘Arbitral award ‘meand intrerim awards (d) ‘Arbitral tribunal’ – sole arbitrator or panel (e) court --Principal civil court,high court, (g) ‘Legal representative’ - a person who in law represnts the estate of a deceased person, and include any person who intermeddles with the estate of 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

5. (h) party-- party to an arbitral agreement 2.This part apply where place of arbitration is in India Section 9,27 clause (a) of sub section (I) &sub section (3) of sec37 applicable 3.This part shall not affect any other law for the time being in force 4.This part except sub sec (I) of sec 40.,sec 41,43 shall apply to every arbitration 5.---6. except sec 28,leaves the parties free to determine a certain issue.

6. (7) Arbitral award made under this part shall be considered as domestic award 3. Receipt of written communications 4. Waiver if right to object 5. Extent of judicial intervention:-- No judicial intervene allowed 6. Administrative assistance

7. Chapter II . Arbitration Agreement 7. Arbitration Agreement means agreement of parties to arbitration to submitt to arbitration certain disputes. It may be in the form of arbitration clause It shall be writing signed by either parties

8. 8. Power to refer parties toarbitration where there is an arbitration agreement --A judicial authority, . ...>> In CPWD THE Chief Engineer refers parties to arbitration

9. 8.A power of curt ,seized of petition under section 9 or 11 8. B do under sec 34 or 37 (mediation ,, conciliation)

10. 9. Interim measures ,etc by court A party may, before or during arbitral proceedings or at ny time after.. accordance with sec 36 apply to court (a) for appointment of guardian (b) interim measure of protection (c) the detention ,preservation or inspection of any property

11. (d) interim injunction or appointment of a receiver (2) Arbitral proceeding to commence within 90 days (3) Once tribunal is set up court shall ont entertain unless circumstances may not render remedy under sec 17

12. Chapter III composition of arbitral tribunal 10 No of Arbitrators--- parties free to decide--- not even 11 Appointment of arbitrators – Refer page 10-11 of amendemend act

13. 11 A. Power of central government to amend Fourth Schedule Central Government can amend the fourth schedule –it is about payment to the arbitrators

14. 12. Grounds for challenge 13 Challenge procedure 14 Failure or impossibility test

15. 15 Termination of mandate and substitution of arbitrator

16. Chapter 4 jurisdiction of arbitral tribunals 16 Competence of arbitral tribunal to rule on its jurisdiction 17 Interim measures ordered by arbitral tribunals

17. Chapter 5 conduct of arbitral proceedings 18 Equal treatment of parties 19 Determination of rules and procedures 20. Place of arbitration 21 Commencement of arbitral proceedings

18. Chapter 5 contd 22 Language 23 Statement of claim and defence 24 Hearings and written proceedings

19. Chapter 5 contd 25 Default of a property 26. Expert appointed by arbitral tribunal 27 Court assistance in taking evidence

20. Chapter 6 Making of arbitral award and termination of proceedings 28 Rules applicable to substance of dispute 29 Decision making by panel of arbitrators 29A Time limit 1 year from d.o.completion of proceedings

21. 30. Settlement 31 Form and content of arbitral award 32A Regime of costs

22. 32 Termination of proceedings Terminated by final arbitration award Claiment withdraws his claim Parties agree on the termination of the proceedngs When tribunal finds further proceedings unnecessary

23. 33. Correction and interpretation of award; additionl award Withn 30 days one party ,may request tribunal t correct computational errors Interpretation of a specific point Request tribunal to make additional award if omitted in the original Tribunal may extend the period Section 31 shall apply to a correction or interpretation

24. Chapter 7 Recourse against arbitral awad 34 Application for stting aside the arbital award May be made by an application wit sub section (2) & (3) An arbitral award can be set aside only by court

25. Chapter 8 Finality and enforcement of arbitral awards 35 Finality of arbitral awards Subject to this part an arbitral award shal be final and binding on the parties and persons claiming under them respectively

26. 36 Enforcement Shall be enforced in accordance with thr provosions of the cde of civil procedure,i the same manner as if it were a decree of the court If application for setting aside or stay Court procedure...

27. Chapter 9 Apples 37 Appealable orders Notwithstanding anything contained in any other law for the the time being in force ,an appeal shall lie from the orders to the court to hear appeals from original decree Refusing to refer the parties to arbitration under sec8 Granting or refusing to grant any measure under section 9 Setting aside under sec 34

28. (2) appeal shall also lie to a court from an order of the arbitral award (3) no second appeal shall lie from an order passed in appeal under this section

29. Chapter 10 Misecellanous 38. Deposits Tribunal may fix the amount of the deposit or supplementary deposit as an advance under subsection (g) of section 31 The deposits shall be paid equally by parties

30. Upon termination of arbitral proceedings ,tribunal shall render an accounting to the parties of the deposit recved and shall return any unexpended money

31. 39. Lien on arbitral award and deposits as to cost Tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitration

32. 40. Abitration agreement not to be discharged by the death of party thereto

33. 42.A Confidentiality of information

34. Part 2 section 44 to 60 skipped as for foreign matter

35. Part III conciliation, 61 Application and scope: Unless the parties have otherwise agreed ,this part shall apply to conciliation of disputes arising out of legal relationship,whether contractual or not This not apply by virtue of any law for time beingin force certain disputes may not be submitted to conciliation

36. 62. Commencement of conciliation proceedings First party send written invitation to the second Conciliation commences when second party accepts, Otherwise no conciliation

37. 63 Number of conciliators ONE .unless parties agree for 2 or 3 64 appointment of conciliator for one conciliators parties may agree For two each party may appoint one conciliator

38. 65. Submisssion of statements to conciliations 66. Conciliator not bound by certain enactments 67 role of conciliator Asssist parties for an amicable settlement Guided by principles of objectivity,fairness &justice Speedy settlement of dispute Settlement need not be in writting

39. 68. Administrative assistance 69. Communication between conciliator and parties 70 Disclosure of information 71 co-operation of parties with conciliator 72 Suggestios by parties for settlement of disputes

40. 73. Settlement agreement 74. Status and effect of settlement agreement 75. Confidentiality 76 Termination of proceedings

41. 78 Costs 79 Deposits 80 Role of conciliator in other proceedings

42. 81 Admissibility of evidence in other proceedings. 1.views expressed by the other party 2.admission made by other party 3.proposals made by the conciliator 4.the fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator

43. Part 4 Supplementary provisions Sections 82 to 87

44. First schedule Convention on the recognition and enforcement of foreign arbitral awards Second schedule Protocol of arbitration clauses

45. Third schedule convention on the execution of foreign arbitral award

46. Fourth schedule Sum in dispute model fee Up to Rs 5,00,000 Rs 45,000 Rs 5,00,000 to 20,00,000 Rs 45,000+3.5% Rs 20,00,000 and upto 1,00,00,000 Rs 97,500 +3 % Rs1,00,00,000 to 10,00,00,000 – RS 3,37500 + 1% Rs 10 c to 20 c-- RS12,37,500+.75% Above 20C Rs 19,87,500 + .5% ceiling of 3lacs

47. The fifth schedule Arbitrator’s relationship with the parties or council Relationship of arbitrator to the dispute Arbitrators direct or indirect relation in the dispute Previous services for one of the parties or other involvement in the case

48. Relationship between arbitrator and party and others involved in the arbitration Other circumstances

49. The sixth schedule Name contact details etc The seventh schedule Arbitrators relationship with the parties or counsel

50. THANKS