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Arbitration Proceedings in India: This will cover the following Sections

Legal Framework Governing Arbitration in India:

Arbitration Agreement:

Arbitral Tribunal:

Arbitral Proceedings:



The Legal Framework governing Arbitration in India are

i) The Indian Arbitration and Conciliation Act, 1996 comprising of 4 Parts and 7
Schedules as follows:
The 4 Parts are:

 Part I sets out general provisions on domestic arbitration;

 Part II addresses the enforcement of foreign awards (Chapter 1 deals with New
York Convention awards and Chapter II with awards under the 1927 Geneva
 Part III deals with conciliation; and
 Part IV sets out certain supplementary provisions

The 7 Schedules are

 the 1958 New York Convention on the Recognition and Enforcement of Foreign
Arbitral Awards (Section 44);
 the 1923 Geneva Protocol on Arbitration Clauses (Section);
 the 1927 Geneva Convention on the Execution of Foreign Arbitral Awards
(Section 53);
 the Model Fee Schedule for Calculating Arbitrators’ Fees (Section 11(14));
 the Arbitrator Guidelines on Impartiality and Independence (Section 12(1)(b));
 the Model Form for Arbitrators’ Disclosure of Independence and Impartiality
(Section 12(1)(b)); and
 the grounds for ineligibility in case of an arbitrator’s relationship with the
parties or counsel (Section 12(5)).

The Arbitration and Conciliation (Amendment) Act 2015, amended the Arbitration and
Conciliation Act 1996 and this came into force from 23rd October 2015.The Arbitration
and Conciliation Act, 1996 is broadly based on the 1985 UNCITRAL Model Law.

ii) New York Convention: India applies the convention only to the recognition and
enforcement of awards made in the territory of another contracting state, and only
to differences arising out of legal relationships - whether contractual or not - that
are considered commercial under national law.
iii) International Conventions and Treaties: India is a member of

 India is a party to the Geneva Protocol on Arbitration Clauses 1923

 Geneva Convention on the Execution of Foreign Arbitral Awards 1927
It is not a member of the International Centre for the Settlement of Investment
Disputes Convention 1965.
 As of February 2018, India had signed around 85 bilateral investment treaties
(BITs) and bilateral investment promotion and protection agreements. Of the 85
BITs that India has signed 11 are not yet in force, and of the 74 that are in force,
termination notices have been issued for 58, leaving 16 BITs untouched.
 India has signed comprehensive economic cooperation agreements, which
contain investment protection provisions, with major investment partners such
as Japan, South Korea and Singapore.
 India has signed the Bay of Bengal Initiative for Multi-Sectoral Technical and
Economic Cooperation (Bangladesh, Bhutan, Burma, India Nepal Sri Lanka and
 India is a member of the Association of Southeast Asian Nations and the
European Union.