Arbitration and Conciliation Act 1996

Question 1

On which model is the Arbitration and Conciliation Act 1996 based?

Accepted Answer

The UNCITRAL Model Law on International Commercial Arbitration (1985). (Source: Arbitration and Conciliation Act 1996, Preamble)

Question 2

ACA s 7?

Accepted Answer

An arbitration agreement must be in writing (including exchange of letters or electronic communications). (Source: ACA 1996, s 7)

Question 3

ACA s 9 vs s 17?

Accepted Answer

s 9: interim measures granted by a court. s 17: interim measures granted by the arbitral tribunal, enforceable like court orders. (Source: ACA 1996, ss 9, 17)

Question 4

ACA s 16?

Accepted Answer

Kompetenz-kompetenz: the arbitral tribunal may rule on its own jurisdiction, including objections about the existence or validity of the arbitration agreement. (Source: ACA 1996, s 16)

Question 5

ACA s 29A?

Accepted Answer

The award in domestic arbitrations must be made within 12 months from completion of pleadings, extendable by 6 months by consent and further only by the court. (Source: ACA 1996, s 29A)

Question 6

ACA s 34 — time limit to challenge an award?

Accepted Answer

Three months from receipt of the award, extendable by a further 30 days for sufficient cause, but not beyond. (Source: ACA 1996, s 34(3))

Question 7

Which part of the ACA deals with New York Convention awards?

Accepted Answer

Part II, Chapter I (ss 44–52). (Source: ACA 1996, Part II)

Question 8

BALCO v Kaiser Aluminium (2012) — held?

Accepted Answer

Part I of the Act does not apply to arbitrations seated outside India (prospectively), overruling Bhatia International. (Source: (2012) 9 SCC 552)

Question 9

Vidya Drolia v Durga Trading Corp (2020) — held?

Accepted Answer

Laid down a fourfold test for non-arbitrability and held that landlord–tenant disputes under the TPA are arbitrable. (Source: (2021) 2 SCC 1)

Question 10

Perkins Eastman Architects v HSCC (India) (2019) — held?

Accepted Answer

A party with an interest in the dispute cannot unilaterally appoint a sole arbitrator. (Source: (2020) 20 SCC 760)

Question 11

In re Interplay between Arbitration Agreements and the Stamp Act (2023) — held?

Accepted Answer

A seven-judge bench held that an unstamped or insufficiently stamped arbitration agreement is not void; stamping is a curable defect, not a bar at the referral stage. (Source: Seven-judge bench, 13 December 2023)

Question 12

Which 2023 Act created a statutory framework for mediation?

Accepted Answer

The Mediation Act, 2023. (Source: Mediation Act 2023)

1.On which model is the Arbitration and Conciliation Act 1996 based?

2.ACA s 7?

3.ACA s 9 vs s 17?

4.ACA s 16?

5.ACA s 29A?

6.ACA s 34 — time limit to challenge an award?

7.Which part of the ACA deals with New York Convention awards?

8.BALCO v Kaiser Aluminium (2012) — held?

9.Vidya Drolia v Durga Trading Corp (2020) — held?

10.Perkins Eastman Architects v HSCC (India) (2019) — held?

11.In re Interplay between Arbitration Agreements and the Stamp Act (2023) — held?

12.Which 2023 Act created a statutory framework for mediation?