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The Arbitration and Conciliation Act 1996 is an Act that regulates domestic arbitration in India. [1] It was amended in 2015 and 2019. [1]The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing the Arbitration and Conciliation (Amendment) Bill, 2015 in the Parliament.
The 1996 Act only applies to parts of the United Kingdom. [4] In Scotland, the Arbitration (Scotland) Act 2010 [5] provides a modern statutory framework for domestic and international arbitration. In 2024, a Bill to amended the Act was introduced to the Lords, although as of November 2024 it has not progressed beyond second reading. [6]
The Arbitration and Conciliation Act, 1996 has been enacted to accommodate the harmonization mandates of UNCITRAL Model. To streamline the Indian legal system, the traditional civil law known as Code of Civil Procedure, (CPC) 1908 has also been amended, and Section 89 has been introduced. Section 89(1) of CPC provides an option for the ...
The Arbitration and Conciliation Act, 1996 has been enacted to accommodate the harmonisation mandates of UNCITRAL Model. To streamline the Indian legal system the traditional civil law known as Code of Civil Procedure, (CPC) 1908 has also been amended and section 89 has been introduced.
In 2017, Justice Malhotra was appointed as a member of a High-Level Committee constituted by The Ministry of Law and Justice, Government of India to make recommendations for institutionalization of arbitration in India, and suggest further legislative amendments to the Arbitration and Conciliation Act, 1996.
In case the consensus is not reached within this timeframe, and if the parties have previously consented to arbitration, an ad hoc arbitral tribunal can be established, whose decision holds legal weight over the Parties. Additionally, arbitration proceedings can be commenced through mutual agreement among the concerned States parties. [3] [5]
The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent tribunal which adjudicates labour disputes in South Africa. It was established in November 1996 in terms of Section 112 of the Labour Relations Act, 1995, which in turn implements the labour rights provided for in section 23 of the Constitution of South Africa.
Alternatively, even if sex workers do have section 23 rights, the Labour Relations Act – in denying protection against unfair dismissal to sex workers – imposes a justifiable limitation on those rights, because the limitation "gives effect" to the rule-of-law principle that courts should not sanction illegal activity.