Case Management and Arbitral Process

Notes on Session IV (Part I)

The Training has entered an important phase, when we started the discussion on the Conduct of Arbitration.   In the last three Sessions, ‘Arbitration in the Appropriate Dispute Resolution Regime’, ‘Principles of Arbitration’, ‘Concept of Party Autonomy’, ‘Duties of the Arbitral Tribunal and the Parties’ etc., were discussed.  A comparison of the English Arbitration Act 1996, with the Indian Law of Arbitration.

The Topics included in the Session IV are Case Management and Arbitral Process.  The details of the sessions are briefed below:

          Part I

1. Case management in Arbitration.
2. Procedural Order No. 1, Peremptory Orders and Interim Measures
3. Doctrine of kompetenz-kompetenz and the Application of Section 16 of the AC Act 1996

Part II

1. Role of Interrogatives, Discovery, Production of Documents and Expert Evidence in Arbitration.
2. Document only Arbitration
3. Evidence and Oral Hearing
4. Termination of Arbitral Proceedings.

Ms Neeti Sachdeva, the Secretary General and Registrar of Mumbai Centre for International Arbitration (MCIA) has led Part I of the Session III.  This note is intended to summarise and to provide some more insights into the concepts discussed.

Case Management in Arbitration

The stringent time lines prescribed by in Section 29 A of the AC 1996, would make the case management, relevant and important.  A reading of Chapter V (Conduct of Arbitration) may be helpful in understanding the concept.  However, the study of the case management techniques provided in the Order VA of the Code of Civil procedure, may be helpful.  The Code was amended in the backdrop of the enactment of the Commercial Courts Act.  In fact, the case management techniques traditionally used in Arbitration, was adopted into our code.

Place of Arbitration

The Place of Arbitration referred to in Section 20 of the AC Act 1996, is nothing but the ‘Seat’, in so far as international commercial arbitration in concerned. Section 31 (4) of the AC Act 1996, also refers to Place of Arbitration.  It may be recalled that the above section deals with ‘Form of Award’.  The provision is extracted for an easy reference. 

Section 31 (4) The arbitral award shall state its date and the place of arbitration as determined in accordance with section 20 and the award shall be deemed to have been made at that place.

The jurisdiction of ‘Court’ defined in Section 2(1) (e) of the Act, is determined based on the Place of Arbitration.  The Court of the Place would have jurisdiction to order interim measures, offer assistance during the conduct of the Arbitration, entertain challenge of the Arbitration Award and hear appeals from the Order of the Tribunal.  A reading of the Article ‘Fastest Figure First’ may be helpful.

Please click the link to read the Article https://advjohnsongomez.blogspot.com/2022/07/fastest-finger-first-in-arbitration_21.html

Peremptory Orders

We do not find any reference to the term ‘Peremptory Order’, but we may find a few in English Arbitration Act (AA 1996).  Peremptory Order is defined in Section 82(1) of AA 1996, the same is extracted for an easy reference.

“Peremptory order” means an order made under section 41(5) or made in exercise of any corresponding power conferred by the parties;

Section 41(5) of the AA 1996 is extracted:

Section 41 (5) If without showing sufficient cause a party fails to comply with any order or directions of the tribunal, the tribunal may make a peremptory order to the same effect, prescribing such time for compliance with it as the tribunal considers appropriate.

Peremptory Orders may also be passed to deal with default of the parties in performing their duties, as contained in Section 40 of the AA 1996.

(More details regarding the session is being uploaded in our Moodle Platform.)