 Arbitration is a form of dispute resolution method in which the parties avoid the court

proceedings and instead decide to resolve their dispute through appointing a third person,
who is known as an arbitrator. An arbitrator is appointed in labour disputes, business and
consumer disputes and family law matters.
 Conciliation is a type of ADR where the settlement is made out of court. There is no
involvement of the court in the whole arbitral proceedings. The dispute is settled by a neutral
third party, who is the conciliator. The conciliation process is voluntary as it is on the mutual
discretion of the parties to choose conciliation as a method of resolving their dispute with the
assistance of the conciliator; also the proposal is not binding upon the parties. They are free
to follow or not follow the proposal given by the conciliator. It presides over litigation
because the parties do not have to go through the technical procedures and formalities of
litigation; instead, conciliation allows parties for a friendly search to reach an amicable
solution.
 Mediation encourages a search for the solution by the parties themselves, involved in the
dispute. The basic motive of mediation is to provide opportunities to parties to negotiate and
come to a final solution catering the needs of both sides. It is an assisted negotiation and an
informal process in which parties are aided by a third impartial person, who is the mediator,
possessing specialized skills, requisite training and sufficient experience necessary to assist
the disputed parties for reaching a negotiated settlement.

 Section 11-

 Section 12 –Grounds for challenge

1. such as the existence either direct or indirect, of any past or present relationship with
or interest in any of the parties or in relation to the subject-matter in dispute
2. which are likely to affect his ability to devote sufficient time to the arbitration and in
particular his ability to complete the entire arbitration within a period of twelve
months
3. at give rise to justifiable doubts as to his independence or impartiality
4. does not possess the qualifications agreed to by the parties.
 Section 13-
1. a party who intends to challenge an arbitrator shall, within fifteen days after
becoming aware of the constitution of the arbitral tribunal or after becoming aware of
any circumstances referred to in sub-section(3) of section 12, send a written statement
of the reasons for the challenge to the arbitral tribunal.
2. If a challenge under any procedure agreed upon by the parties or under the procedure
under subsection (2) is not successful, the arbitral tribunal shall continue the arbitral
proceedings and make an arbitral award.
3. Where an arbitral award is made under sub-section (4), the party challenging the
arbitrator may make an application for setting aside such an arbitral award in
accordance with section 34
4. Where an arbitral award is set aside on an application made under sub-section (5), the
Court may decide as to whether the arbitrator who is challenged is entitled to any fees
 Section 14/15- Termination from PPT
 Section 16-
1. minimise judicial intervention, so that the arbitral process is not thwarted at the
threshold
2. If an arbitration agreement is not valid or non-existent, the Arbitral Tribunal cannot
assume jurisdiction to adjudicate upon the disputes
3. Once the existence of the arbitration agreement is not disputed, all issues, including
jurisdictional objections are to be decided by the arbitrator.
4. The Supreme Court further clarified that there are exceptions to the doctrine of
komeptenz-kompetenz, and circumstances wherein a court may intervene at the
Section 11 stage itself. A court may decline to appoint an arbitrator pursuant to an
application under Section 11 of the Act, only if it finds that the arbitration agreement
itself has been procured by fraud or deception; if an (arbitration) agreement has not
even been concluded between the parties in terms of Section 7 of the Indian Contract
Act, 1872
 Section 17-
 1. the preservation, interim custody or sale of any goods which are the subject-matter of
the arbitration agreement
2. securing the amount in dispute in the arbitration
3. the detention, preservation or inspection of any property or thing which is the subject
matter of the dispute in arbitration
4. interim injunction or the appointment of a receiver

 Section 18
 Section 19- Rules of procedure
 Section 20-Place of arbitration
 Section 21- Request received by respondent
 Section 23- The statement of claim and defence under this section shall be completed within
a period of six months from the date the arbitrator or all the arbitrators, as the case may be,
received notice, in writing of their appointment.
 Section 28-
 Section 29-
1. within a period of twelve months from the date of completion of pleadings under sub-
section (4) of section 23:
2. The parties may, by consent, extend the period specified in sub-section (1) for making
award for a further period not exceeding six months.
 Section 29B-
1. the parties to an arbitration agreement, may, at any stage either before or at the time
of appointment of the arbitral tribunal, agree in writing to have their dispute resolved
by fast track procedure specified in sub-section (3).
 Arbitrations award- decision in the case as decided by the arbitrator

1. Written
2. Signature of all majority
3. Reasons
4. Date and place of arbitration
5. Deliver to each party
6. Money hai toh interest
 7. Whole, or part, or during certain duration
8. Interest +2% current

 Award-
1. Interim
2. Additional award
3. Settlement or agrrment awards
4. Final Award- determines all issues between the parties

 Termiantion of proceedings
1. Claimant has withdraw
2. Agree on termination
3. Continbuation of proceedings makes no sense

 Section 34
1.

• The International Arbitration Clause Must Be in Writing – NYC Art 11(1)

• International Arbitration Must Be Mandatory – avoid ‘MAY’

• Seat

• Scope of Clause – Which Disputes Are to Be Arbitrated?

• Applicable Law

• Arbitral Rules

• The Language of the Proceedings

• Optional –

• Number of Arbitrators

• The Method of Constituting a Tribunal

• Confidentiality
Cost Allocation