Arbitration, Conciliation and Mediation: Law and Practice

Alternate means of dispute resolution are gaining ground quickly, given the enormous backlog of cases that bog India's courts. Arbitration, conciliation, and mediation are the most common and effective alternative dispute resolution (ADR) mechanisms of dispute resolution, which are speedy and efficacious.

The present commentary on Arbitration, Conciliation and Mediation: Law and Practice comprehensively elucidates the law relating to arbitration, conciliation, and mediation in India as it stands today. It is a section-wise commentary of the two principal Acts. The Arbitration and Conciliation Act, 1996 and the Mediation Act, 2023.

The Arbitration and Conciliation Act, 1996 is a law that guides dispute resolution through arbitration and conciliation. It explains the process and procedure, qualification and appointment of arbitrators and conciliators, enforcement of awards and challenge to awards. The amendments of 2015, 2019, and 2021 have been covered at length in this book.

The Mediation Act, 2023 is a law that guides dispute resolution using mediation methods. All the important judgments of the Supreme Court of India and High Courts have been considered and commented on. A list of all Mediation and ADR rules with a QR code to access them has been included.

This book shall be found indispensable by arbitrators, mediators, the Judiciary, advocates, law firms, in house counsel, industry and all others who need a reliable, thorough and comprehensive source for the entire law of arbitration, conciliation and mediation.

Sectionwise Contents
Table of Cases
ARBITRATION AND CONCILIATION ACT, 1996

• Arbitration and Conciliation Act, 1996

Part I - ARBITRATION

• General Provisions
• Arbitration Agreement
• Composition of Arbitral Tribunal
• Jurisdiction of Arbitral Tribunals
• Conduct of Arbitral Proceedings
• Making of Arbitral Award and Termination of Proceedings
• Recourse Against Arbitral Award
• Finality and Enforcement of Arbitral Awards
• Appeals
• Miscellaneous

Part I-A - ARBITRATION COUNCIL OF INDIA

• Arbitration Council of India

Part II - ENFORCEMENT OF CERTAIN FOREIGN AWARDS

• New York Convention Awards
• Geneva Convention Awards

Part III - CONCILIATION

• Conciliation

Part IV - SUPPLEMENTARY PROVISIONS

• Supplementary Provisions

MEDIATION ACT, 2023

• Mediation Act, 2023

APPENDICES

• Mediation (Removal of Difficulties) Order, 2023
• Arbitration and Conciliation (Amendment) Act, 2015
• Arbitration and Conciliation (Amendment) Act, 2019
• Arbitration and Conciliation (Amendment) Act, 2021
• India International Arbitration Centre Act, 2019
• Civil Procedure Code, 1908 (Extract)
• Mediation/Alternative Disputes Resolution Rules of High Courts

Subject Index