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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.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
Due to the extremely slow judicial process, there has been a large emphasis on alternate dispute resolution mechanisms in India. While the Arbitration and Conciliation Act of 1996 is a fairly standard Western approach towards ADR, the Lok Adalat system constituted under the National Legal Services Authority Act, 1987 is a uniquely Indian approach.
The United States Arbitration Act (Pub. L. 68–401, 43 Stat. 883, enacted February 12, 1925, codified at 9 U.S.C. ch. 1), more commonly referred to as the Federal Arbitration Act or FAA, is an act of Congress that provides for non-judicial facilitation of private dispute resolution through arbitration.
Former Federal Mediation and Conciliation Service headquarters in Washington, D.C. (now demolished). The Federal Mediation and Conciliation Service was created as an independent agency of the federal government under the terms of the Labor Management Relations Act of 1947 (better known as the Taft–Hartley Act) to replace the United States Conciliation Service that previously operated within ...
The first operation was initiated by ITC which recommended FICA to work with the Law Association of Zambia to create a new Arbitration Act, enacted in 2002, and train potential Arbitrators during 1996/1997 with funding provided by Chemonics and USAID.
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 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]