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Arbitration and Conciliation Act, 1996 Syllabus, Exam Pattern
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Arbitration and Conciliation Act, 1996 Exam - English100 questions • 120 mins • 100 marks
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Arbitration and Conciliation Act, 1996 Syllabus, Exam Pattern
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Arbitration and Conciliation Act, 1996 Syllabus, Exam Pattern
Arbitration and Conciliation Act, 1996 Syllabus :Arbitration and Conciliation Act, 1996
UNIT I: FOUNDATIONS & PRELIMINARY :
Chapter 1: Evolution of ADR in India
1. Concept of Alternative Dispute Resolution (ADR): Arbitration vs. Mediation vs. Conciliation.
2. Historical Background: The 1940 Act vs. the 1996 Act.
3. The UNCITRAL Influence: International standards in Indian Law.
4. The 3 Pillars: Party Autonomy, Separability, and Kompetenz-Kompetenz.
Chapter 2: Preliminary & Definitions (Sec 1–6)
1. Scope and Extent: To whom does this Act apply?
2. Section 2: Decoding Key Terms (Arbitral Tribunal, International Commercial Arbitration, Court).
3. Section 5: The Doctrine of Minimal Judicial Intervention.
4. Seat vs. Venue: The Legal Geography of Arbitration.
UNIT II: THE ARBITRATION AGREEMENT & INTERIM RELIEF :
Chapter 3: The Arbitration Agreement (Sec 7–8)
1. Section 7: Essentials of a Valid Agreement (Writing, Signature, Intent).
2. Section 8: Power of Court to refer parties to Arbitration (Mandatory vs. Discretionary).
Chapter 4: Interim Measures (Sec 9)
1. Section 9: Protection by Court before, during, or after the award.
2. Relationship between Section 9 (Court) and Section 17 (Tribunal).
UNIT III: THE ARBITRAL TRIBUNAL :
Chapter 5: Composition & Appointment (Sec 10–11)
1. Section 10: Determining the Number of Arbitrators.
2. Section 11: Appointment Procedure (The Role of Supreme Court and High Court).
Chapter 6: Challenges & Termination (Sec 12–15)
1. Section 12: Grounds for Challenge (Independence and Impartiality).
2. The Schedules: Fifth, Sixth, and Seventh Schedules explained.
3. Section 14 & 15: When does an Arbitrator’s mandate end?
UNIT IV: CONDUCT OF PROCEEDINGS & JURISDICTION :
Chapter 7: Jurisdiction of the Tribunal (Sec 16–17)
1. Section 16: The Power of the Tribunal to rule on its own jurisdiction.
2. Section 17: Interim Measures ordered by the Tribunal.
Chapter 8: The Arbitral Process (Sec 18–27)
1. Section 19–21: Determining Rules, Place, and Commencement.
2. Section 23–25: Pleadings (Claim/Defense) and Default of Parties.
3. Section 27: Seeking Court assistance for evidence.
UNIT V: THE ARBITRAL AWARD & RECOURSE :
Chapter 9: Making of the Award (Sec 28–33)
1. Section 28: Rules applicable to the substance of the dispute.
2. Section 29A & 29B: Time Limits and Fast-Track Procedures (2015/2019 Amendments).
3. Section 31: Form and Content (Reasoned Awards and Costs).
Chapter 10: Recourse Against Award (Sec 34)
1. Section 34: Grounds for Setting Aside (Public Policy, Fraud, Patent Illegality).
2. Limitation periods for filing challenges.
Chapter 11: Finality & Appeals (Sec 35–37)
1. Section 36: Enforcement of Domestic Awards (The "Stay" Mechanism).
2. Section 37: What orders are appealable?
UNIT VI: FOREIGN AWARDS & CONCILIATION :
Chapter 12: Enforcement of Foreign Awards (Sec 44–60)
1. Part II: New York Convention vs. Geneva Convention Awards.
2. Requirements for enforcement in Indian Courts.
Chapter 13: Conciliation (Sec 61–81)
1. Role of the Conciliator and Procedure.
2. Section 73: Status and Effect of Settlement Agreements.
3. Confidentiality and Non-Admissibility of evidence.
Arbitration and Conciliation Act, 1996 Exam Pattern
Duration : 120 Minutes
No.of Question : 100
Total Marks : 100
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Arbitration and Conciliation Act, 1996 Exam Syllabus Frequently Asked Questions (FAQ's)
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