The term lawyer may be an all-inclusive term and has broad connotations. However, an advocate…
Arbitration Training
Principles of Arbitration, Duties of Arbitral Tribunal and Parties
The highlight of today’s session is a comparative Study of the Arbitration Law in England and India. How could a comparative study of these law, have any relevance in the training of Arbitrators and Arbitration Professionals, would be a natural reaction to the topic. A little understanding about the history of the law of arbitration in India and England, may be helpful, in solving this puzzle.
The General Assembly of the United Nations has recommended that all countries give due consideration to the UNCITRAL Model Law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice.
India, thought it expedient to enact the Arbitration and Conciliation Act 1996, by adopting the Model Law, in full, when England rejected it. They made their own Arbitration Law, which ultimate made England ‘the Mecca of Arbitration’.
A reading of the 246th Law Commission Report on Arbitration and the Supplementary Report on Public Policy is a living testimony, about the functioning of the Indian Arbitration Law. One thing is evident, the country could not take advantage of the benefits of globalization, and to turn India into an International Arbitration Hub.
In today’s session, we focus on the Principles of Arbitration Contained in Section 1 of the English Arbitration Act 1996 and its application in the Arbitration and Conciliation Act 1996. We will also discuss about the duties of the Arbitral Tribunal and Parties, contained in Section 33 and 40 of the English Act, and the consequence of the default in comply with these duties.
The Principles of Arbitration and Duties of the Arbitral Tribunal and Parties contained in the English Act is expected to give an insight to the participants, in efficiently conducting arbitrations as an Arbitrator or Arbitration Counsel.
To Know more about the Arbitration Training organized by the Kerala HIgh Court Advocates Association in association with PCL Foundation