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Q.3.

2014 jurisdiction and powers of arbitral tribunal :- Under Section 2(1)(d) of the Arbitration and Conciliation Act, arbitral tribunal means a sole
arbitrator or a panel of arbitrators. ***/The parties are free to agree on a procedure on the appointment of an arbitrator.****In a panel or board of
arbitrators the award of the majority will prevail.****** Powers of the Tribunal 2.1 Background Upon the appointment of arbitrators, the power to
administer proceedings is deemed to have been conferred on the arbitrators having derived their powers from the consent of the parties as expressed
in the arbitration agreement. Other than the agreement as the source of their powers, the arbitrators also derive powers as may be conferred by the
applicable laws. It is said that power in arbitration proceeding is transferred gradually from the parties to the arbitrators.5 This is because the parties
at the beginning are firmly in charge of their affairs but gradually, power firmly devolves on the arbitrators as proceedings progresses. 2.2 Arbitral
Powers: how conferred? 2.2.1 Express Powers Parties may confer express powers on the tribunal like the power to determine the sufficiency of
evidence. They may also confer indirect powers on the tribunal by providing for set arbitral rules in the case of adhoc arbitration and the automatic
rules that follow under institutional proceedings. For example the UNCITRAL rules in adhoc arbitral proceedings confer wide discretionary powers on
the arbitrators to conduct proceedings as they consider appropriate provided that the principles of fairness are adhered to.6 2.2.2 Operation of Law
Other than the express conferment of powers on the tribunal as explained above, powers may also devolve on the tribunal by operation of law. For
instance the Nigerian Arbitration Act7 confers on the arbitral tribunal powers to appoint an expert on issues relating to the proceedings.8 Similar
provisions are contained in the English Arbitration Act, 19969 which amongst other provisions give a tribunal power to administer oath to witnesses. 3.
Jurisdictional Issues Jurisdiction is the lifeblood of all legal proceedings. Where a court or tribunal lacks jurisdiction the entire proceedings would be a
nullity no matter how well conducted. The legal principle that “you cannot put something on nothing and expect it to stand” remains trite and
applicable to arbitral proceedings.10 An arbitral tribunal must therefore operate within the powers and jurisdiction conferred upon it by the parties. In
other words, the tribunal must remain within its terms of reference and not exceed it.11 Failure to abide by it would render the final award liable to be
set aside or not recognized and enforced.12 3.1 Challenge to jurisdiction It is often the case that one of the parties who had submitted to arbitration,
often the respondent, would object to the jurisdiction of the arbitral tribunal. These objections may be based on several heads. The respondent may
allege that there was never an agreement to arbitrate disputes or that the arbitration agreement has become void. It may also be alleged that the
person who signed the agreement had no authority or that the dispute is not arbitrable.13 When a tribunal is faced with such objections albeit
spurious, should it cower and hands off the matter completely to the helplessness of the claimant? The logical and most reasonable answer is in the
negative. This is to prevent arbitration as an effective form of dispute resolution to be self defeating. To this end, it is widely recognized that an arbitral
tribunal has jurisdiction to determine its own jurisdiction in the face of objections whether partial or total.**** Competence - Competence This is the
principle that an arbitral tribunal has the jurisdiction to determine its own jurisdiction. 14 It is generally accepted in modern international arbitration
practice. It is a method of overcoming the latent problem that would have occurred where a tribunal decides preliminary that the arbitration
agreement for example is invalid. The resultant effect would have been that the arbitral tribunal itself lacks the authority to make that finding.****15
The principle gives the tribunal the legal standing to set proceedings in motion when faced with an objection raised by an uncooperative respondent.
There is the knotty issue as to whether it is the court that should have the primary role of deciding the existence of an arbitration agreement or
whether the question should be left to the tribunal. The common approach however is that the arbitral tribunal should be given the first say subject to
possible court review.

Q. 4.2014 what is arbitral award characteristics kinds and essentials :- definition :- An arbitral award or arbitration award refers to a decision made
by an arbitration tribunal in an arbitration proceeding. An arbitral award is analogous to a judgment in a court of law. An arbitral award can be of a
non-monetary nature where the entire claimant's claims fail and no money needs to be paid by either party.****An arbitration award can be made for
payment of a sum of money, declaration upon any matter to be determined in the arbitration proceedings, injunctive relief, specific performance of a
contract and for rectification, setting aside or cancellation of a deed or other document.*****types of arbitral award :- . Interim Award – This is a
temporary award until the tribunal has given its final decision. A provisional award can only be made if the parties have agreed that “the tribunal may
have the power to order on a provisional basis any relief which it would have power to grant in a final award” (s.39 Arbitration Act 1996).This includes;
1. making a provisional order for the payment of money or the disposition of property as between the parties; or 2. an order to make an interim
payment on account of the costs of the arbitration. ****Partial Award – Some elements of the parties’ claim have been determined but other issues
remain and need to be resolved before the final award is made. Parties can continue arbitrating the remaining issues. ****Consent Award – Usually
the parties have reached a settlement and agreed to terms which are then incorporated into an award which can be enforced similar to a Judgment by
consent. A consent award enables one party to take enforcement proceedings when another party fails to comply with the terms of the settlement.
Consent awards usually expedite the conclusion of arbitration proceedings. ****Performance Award – It is most common to see awards made in
monetary terms, however, a party can be ordered to perform specific works, hand over goods or rights. For example, a contractor may be required to
carry out remedial works in a building to ensure work is finished to the quality required. The difficulty is that these types of award create grounds for
further dispute. An arbitrator should award a monetary award where possible in these instances to avoid escalation of conflict. ***Draft Award -This is
not binding on the parties until it has been confirmed by the tribunal. ***Final Award – This should usually be in writing and signed by all the
arbitrators. The award must contain reasons and state where the arbitration took place. It must also be dated (this is important for calculating interest
on payments). Once the final award is made this ends proceedings. ****Additional Award – Usually once the final award it made, the tribunal has no
further authority. However, the parties can request an additional award be made on an undecided issue still in dispute.****essentials :- According to
the Arbitration and Conciliation Act, 1996 an Arbitral Award: **Shall be in writing; ***Shall be signed by members of Arbitral Tribunal; **Shall state
the reasons on which the Award is based; **Date and place of arbitration; **The Act provides that after passing the Award, a signed copy of the Award
shall be delivered to each party. The Tribunal if required can also pass an interim arbitral award.**** Characteristics :- Arbitrator: An arbitrator has a
position equal to a court judge who is chosen by the parties themselves. He/She is the one who is unbiased and takes final and binding decision on the
dispute after hearing both the parties and considering all the facts.*** Arbitration Agreement: Arbitration is not possible without the free consent of
the parties concerned. Hence there must be an agreement in writing between the employer and employee which is to be contained in a document
called as an arbitration agreement.*** Arbitral Award: The decision taken by the arbitrator or arbitral tribunal on the dispute is known as an arbitral
award. Confidentiality: Confidentiality is a significant characteristic of arbitration. Absolute privacy is maintained in the process, i.e. apart from the
parties and arbitrator, no one has any idea of the happenings in the process.**** Form and contents of arbitral award.—(1) An arbitral award shall be
made in writing and shall be signed by the members of the arbitral tribunal. (2) For the purposes of sub-section (1), in arbitral proceedings with more
than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted
signature is stated. (3) The arbitral award shall state the reasons upon which it is based, unless— (a) the parties have agreed that no reasons are to be
given, or (b) the award is an arbitral award on agreed terms under section 30. (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. (5) After the arbitral award is made, a
signed copy shall be delivered to each party. (6) The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award
on any matter with respect to which it may make a final arbitral award. (7) (a) Unless otherwise agreed by the parties, where and in so far as an arbitral
award is for the payment of money, the arbitral tribunal may include in the sum for which the award is made interest, at such rate as it deems
reasonable, on the whole or any part of the money, for the whole or any part of the period between the date on which the cause of action arose and
the date on which the award is made. 18 1 [(b) A sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest
at the rate of two per cent. higher than the current rate of interest prevalent on the date of award, from the date of award to the date of payment.
Explanation.—The expression “current rate of interest” shall have the same meaning as assigned to it under clause (b) of section 2 of the Interest Act,
1978 (14 of 1978).] 2 [(8) The costs of an arbitration shall be fixed by the arbitral tribunal in accordance with section 31A.] Explanation.—For the
purpose of clause (a), “costs” means reasonable costs relating to— (i) the fees and expenses of the arbitrators and witnesses, (ii) legal fees and
expenses, (iii) any administration fees of the institution supervising the arbitration, and (iv) any other expenses incurred in connection with the arbitral
proceedings and the arbitral award.

Q.3.2011 and 6 2009on what grounds arbitral award can be set aside :- . Application for setting aside arbitral award.—(1) Recourse to a Court
against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section (3).
20*** (2) An arbitral award may be set aside by the Court only if— (a) the party making the application furnishes proof that— (i) a party was under
some incapacity, or (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon,
under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of
the arbitral proceedings or was otherwise unable to present his case; or (iv) the arbitral award deals with a dispute not contemplated by or not falling
within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: ***Provided
that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which
contains decisions on matters not submitted to arbitration may be set aside; or (v) the composition of the arbitral tribunal or the arbitral procedure
was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties
cannot derogate, or, failing such agreement, was not in accordance with this Part; or (b) the Court finds that— (i) the subject-matter of the dispute is
not capable of settlement by arbitration under the law for the time being in force, or (ii) the arbitral award is in conflict with the public policy of India.
1 [Explanation 1.—For the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of India, only if,— (i) the making of
the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or (ii) it is in contravention with the
fundamental policy of Indian law; or (iii) it is in conflict with the most basic notions of morality or justice. Explanation 2.—For the avoidance of doubt,
the test as to whether there is a contravention with the fundamental policy of Indian law shall not entail a review on the merits of the dispute.] 2 [(2A)
An arbitral award arising out of arbitrations other than international commercial arbitrations, may also be set aside by the Court, if the Court finds that
the award is vitiated by patent illegality appearing on the face of the award: Provided that an award shall not be set aside merely on the ground of an
erroneous application of the law or by reappreciation of evidence.]*** (3) An application for setting aside may not be made after three months have
elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33,
from the date on which that request had been disposed of by the arbitral tribunal: Provided that if the Court is satisfied that the applicant was
prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further
period of thirty days, but not thereafter. ****(4) On receipt of an application under sub-section (1), the Court may, where it is appropriate and it is so
requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the
arbitral proceedings or to take such other action as in the opinion of arbitral tribunal will eliminate the grounds for setting aside the arbitral award.***
[(5) An application under this section shall be filed by a party only after issuing a prior notice to the other party and such application shall be
accompanied by an affidavit by the applicant endorsing compliance with the said requirement. ****(6) An application under this section shall be
disposed of expeditiously, and in any event, within a period of one year from the date on which the notice referred to in sub-section (5) is served upon
the other party.]

Short note on enforcement on arbitral award :- . Enforcement.—(1) Where the time for making an application to set aside the arbitral award under
section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance with the provisions of the Code of
Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a decree of the court. (2) Where an application to set aside the arbitral award has
been filed in the Court under section 34, the filing of such an application shall not by itself render that award unenforceable, unless the Court grants an
order of stay of the operation of the said arbitral award in accordance with the provisions of sub-section (3), on a separate application made for that
purpose. (3) Upon filing of an application under sub-section (2) for stay of the operation of the arbitral award, the Court may, subject to such
conditions as it may deem fit, grant stay of the operation of such award for reasons to be recorded in writing: Provided that the Court shall, while
considering the application for grant of stay in the case of an arbitral award for payment of money, have due regard to the provisions for grant of stay
of a money decree under the provisions of the Code of Civil Procedure, 1908 (5 of 1908).]

Q.5.2014 procedure for conduct of arbitral proceedings and under what situation arbitration tribunal take assistance from the court :- Conduct of
arbitral proceedings ***18. Equal treatment of parties.- The parties shall be treated with equality and each party shall be given a full opportunity to
present his case. ****19.Determination of rules of procedure.- (1) The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the
Indian Evidence Act, 1872. (2) Subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting
its proceedings. (3) Failing any agreement referred to in sub-section (2), the arbitral tribunal may, subject to this Part, conduct the proceedings in the
manner it considers appropriate. (4) The power of the arbitral tribunal under sub-section (3) includes the power to determine the admissibility ,
relevance, materiality and weight of any evidence. ***20.Place of arbitration.- (1) The parties are free to agree on the place of arbitration. (2) Failing
any agreement referred to in sub-section (1), the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of
the case, including the convenience of the parties. (3) Notwithstanding sub-section (1) or sub-section (2), the arbitral tribunal may, unless otherwise
agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing winners, experts or the parties, or
for inspection of documents, goods or other property. ***21.Commencement of arbitral proceedings.- Unless otherwise agreed by the parties, the
arbitral proceedings, in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is
received by the respondent. ****22.Language.- (1) The parties are free to agree upon the language or languages to is used in the arbitral proceedings.
(2) Failing any agreement referred to in sub-section (1), the arbitral tribunal shall determine the language or languages to be used in the arbitral
proceedings. (3) The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing and any
arbitral award, decision or other communication by the arbitral tribunal. (4) The arbitral tribunal may order that any documentary evidence shall be
accompanied by a translation into the languages agreed upon by the parties or determined by the arbitral tribunal. ****23.Statements of claim and
defence.- (1) Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting
his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the
parties have otherwise agreed as to the required elements of those statements. (2) The parties may submit with their statements all documents they
consider to be relevant or may add a reference to the documents or other evidence they will submit. (3) Unless otherwise agreed by the parties, either
party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it
inappropriate to allow the amendment or supplement having regard to the delay in making it. ***24.Hearings and written proceedings.- (1) Unless
otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument,
or whether the proceedings shall be conducted on the basis of documents an other materials; Provided that the arbitral tribunal shall hold hearings, at
an appropriate stage of the proceedings, on a request by a party, unless the parties have agreed that no oral hearing shall be held. (2) The parties shall
be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of documents, goods or
other property. (3) All statements, documents or other information supplied to, or applications made to, the arbitral tribunal by one party shall be
communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be
communicated to the parties. ****25.Default of a party.- Unless otherwise agreed by the parties, where, without showing sufficient cause,—- (a) the
claimant fails to communicate his statement of claim in accordance with sub-section (1) of section 23, the arbitral tribunal shall terminate the
proceedings; (b) the respondent fails to communicate his statement of defence in accordance with sub-section (1) of section 23, the arbitral tribunal
shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant. (c) a party fails to appear at an
oral hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the arbitral award on the evidence
before it. ***26.Expert appointed by arbitral tribunal.- (1) Unless otherwise agreed by the parties, the arbitral tribunal may— (a) appoint one or more
experts to report to it on specific issues to be determined by the arbitral tribunal, and (b) require a party to give the expert any relevant information or
to produce, or to provide access to, any relevant documents, goods or other property for his inspection. (2) Unless otherwise agreed by the parties, if a
party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate on an oral
hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue. (3)
Unless otherwise agreed by the parties, the expert shall, on the request of a party, make available to that party for examination all documents, goods
or other property in the possession of the expert with which he was provided in order to prepare his report. 27.Court assistance in taking evidence.-
(1) The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the Court for assistance in taking evidence. (2) The
application shall specify—- (a) the names and addresses of the parties and the arbitrators. (b) the general nature of the claim and the relief sought; (c)
the evidence to the obtained, in particular,—- (i) the name and address of any person to be heard as witness or expert witness and a statement of the
subject-matter of the testimony required; (ii) the description of an document to be produced or property to be inspected. (3) The Court may, within its
competence and according to its rules on taking evidence, execute the request or ordering that the evidence be provided directly to the arbitral
tribunal. (4) The Court may, while making or order under sub-section (3), issue the same processes to witnesses as it may issue in suits tried before it.
(5) Persons failing to attend in accordance with such process, or making any other fault, or refusing to give their evidence, or guilty of any contempt to
the arbitral tribunal during the conduct of arbitral proceedings, shall be subject to the like disadvantages, penalties and punishments by order of the
Court on the representation of the arbitral tribunal as they would incur for the like offences is suits tried before the Court. (6) In this section the
expression Processes includes summonses and commissions for the examination of witnesses and summonses to produce documents.

Q.7 2011 when is arbitral proceeding terminated :- Termination of proceedings.—(1) The arbitral proceedings shall be terminated by the final
arbitral award or by an order of the arbitral tribunal under sub-section (2). (2) The arbitral tribunal shall issue an order for the termination of the
arbitral proceedings where— (a) the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognises a
legitimate interest on his part in obtaining a final settlement of the dispute, (b) the parties agree on the termination of the proceedings, or (c) the
arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible. (3) Subject to section 33
and sub-section (4) of section 34, the mandate of the arbitral tribunal shall terminate with the termination of the arbitral proceedings.

Q.7.2014 discuss various provisions relating to appeal under arbitration act :- . Appeals (Section 37) :- An appeal shall lie from the following orders
(and from no others) to the court authorised by law to hear appeals from original decrees of the court passing the order; granting or refusing to grant
any measures under Section 9; setting aside or refusing to set aside an arbitral award under Section 34. An appeal may also lie against the decision of
the arbitral tribunal accepting the plea referred in Sub- section (2) or Sub-section (3) of Section 16 or under Section 17 of the Act relating to granting or
refusing to grant any interim measures. Section 37(3) prohibits making of second appeal from an order passed in appeal under Section 37(1) and (2) of
the Act but the right to appeal to the Supreme Court is always open to a party aggrieved. The Supreme Court may in its discretion grant special leave to
appeal where the needs of justice demand interference by the highest court of the land. The power conferred upon the Supreme Court is a residuary
and extraordinary. However, it shall be exercised by the Court in accordance with the well-established judicial principles or the well established norms
of procedure which have been recognised for long as precedents.**** Appealable orders. – (1) An appeal shall lie from the order refusing to- (a) Refer
the parties to arbitration under section 45; (b) Enforce a foreign award under section 48, to the court authorised by law to hear appeals from such
order. (2) No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to
appeal to the Supreme Court.**** Appealable orders.— (1) An appeal shall lie from the order refusing— (a) to refer the parties to arbitration under
section 54; and (b) to enforce a foreign award under section 57, to the court authorised by law to hear appeals from such order. (2) No second appeal
shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme
Court.

Q.8.2014 how does the conciliation proceeding commence and role of conciliator and aettlemnt after it :- 61. Application and scope. - (1) Save as
otherwise provided by any law for the time being in force and unless the parties have otherwise agreed, this Part shall apply to conciliation of disputes
arising out of legal relationship, whether contractual or not and to all proceedings relating thereto. (2) This Part shall not apply where by virtue of any
law for the time being in force certain disputes may not be submitted to conciliation. ****62. Commencement of conciliation proceedings. – (1) The
party initiating conciliation shall send to the other party a written invitation to conciliate under this Part, briefly identifying the subject of the dispute.
(2) Conciliation proceedings shall commence when the other party accepts in writing the invitation to conciliate. (3) If the other party rejects the
invitation, there will be no conciliation proceedings. (4) If the party initiating conciliation does not receive a reply within thirty days from the date on
which he sends the invitation, or within such other period of time as specified in the invitation, he may elect to treat this as a rejection of the invitation
to conciliate and if he so elects, he shall inform in writing the other party accordingly.**** 63. Number of conciliators. – (1) There shall be one
conciliator unless the parties agree that there shall be two or three conciliators. (2) Where there is more than one conciliator, they ought, as a general
rule, to act jointly.**** 64. Appointment of conciliators. – (1) Subject to sub-section (2), - (a) In conciliation proceedings with one conciliator, the
parties may agree on the name of a sole conciliator; (b) In conciliation proceedings with two conciliators, each party may appoint one conciliator; (c) In
conciliation proceedings with three conciliators, each party may appoint one conciliator and the parties may agree on the name of the third conciliator
who shall act as the presiding conciliator. (2) Parties may enlist the assistance of a suitable institution or person in connection with the appointment of
conciliators, and in particular, - (a) A party may request such an institution or person to recommend the names of suitable individuals to act as
conciliator; or (b) The parties may agree that the appointment of one or more conciliators be made directly by such an institution or person: Provided
that in recommending or appointing individuals to act as conciliator, the institution or person shall have regard to such considerations as are likely to
secure the appointment of an independent and impartial conciliator and, with respect to sole or third conciliator, shall take into account the
advisability of appointing conciliators of a nationality other than the nationalities of the parties.**** 65. Submission of statements to conciliator. - (1)
The conciliator, upon his appointment, may request each party to submit to him a brief written statement describing the general nature of the dispute
and the points at issue. Each party shall send a copy of such statement to the other party. (2) The conciliator may request each party to submit to him
a further written statement of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that
such party deems appropriate. The party shall send a copy of such statement, documents and other evidence to the other party. (3) At any stage of the
conciliation proceedings, the conciliator may request a party to submit to him such additional information, as he deems appropriate. Explanation. -In
this section and all the following sections of this Part, the term “conciliator” applies to a sole conciliator, two or three conciliators as the case may be.
***66. Conciliator not bound by certain enactments. -The conciliator is not bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian
Evidence Act, 1872 (1 of 1872).*** 67. Role of conciliator. - (1) The conciliator shall assist the parties in an independent and impartial manner in their
attempt to reach an amicable settlement of their dispute. (2) The conciliator shall be guided by principles of objectivity, fairness and justice, giving
consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding
the dispute, including any previous business practices between the parties. (3) The conciliator may conduct the conciliation proceedings in such a
manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a
party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute. (4) The conciliator may, at any stage of the
conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a
statement of the reasons therefor.*** 69. Communication between conciliator and parties. – (1) The conciliator may invite the parties to meet him or
may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately. (2) Unless
the parties have agreed upon the place where meetings with the conciliator are to be held, such place shall be determined by the conciliator, after
consultation with the parties, having regard to the circumstances of the conciliation proceedings.****---- Disclosure of information.—When the
conciliator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other party in
order that the other party may have the opportunity to present any explanation which he considers appropriate: Provided that when a party gives any
information to the conciliator subject to a specific condition that it be kept confidential, the conciliator shall not disclose that information to the other
party.

Q.10. 2011 provisions in relating to expenditure in termination of conciliation proceedings in arbitration act :- Termination of conciliation
proceedings. -The conciliation proceedings shall be terminated-- (a) By the signing of the settlement agreement by the parties on the date of the
agreement; or (b) By a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no
longer justified, on the date of the declaration; or (c) By a written declaration of the parties addressed to the conciliator to the effect that the
conciliation proceedings are terminated, on the date of the declaration; or (d) By a written declaration of a party to the other party and the conciliator,
if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration.**** expenditure . – (1) Upon termination
of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties. (2) For the purpose
of sub-section (1), “costs” means reasonable costs relating to- (a) The fee and expenses of the conciliator and witnesses requested by the conciliator
with the consent of the parties; (b) Any expert advice requested by the conciliator with the consent of the parties; (c) Any assistance provided pursuant
to clause (b) of sub-section (2) of section 64 and section 68; (d) Any other expenses incurred in connection with the conciliation proceedings and the
settlement agreement. (3) The costs shall be home equally by the parties unless the settlement agreement provides for a different apportionment. All
other expenses incurred by a party shall be home by that party.*** Resort to arbitral or judicial proceedings. -The parties shall not initiate, during the
conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject-matter of the conciliation proceedings except
that a party may initiate arbitral or judicial proceedings where, in his opinion, such proceedings are necessary for preserving his rights.

Q.9.2014 procedure power and utility of lok adalat :- LOK ADALATS:- Lok Adalat or the People’s Courts, decide the dispute with utmost expedition to
arrive at a compromise or settlement on the basis of principles of justice, equity, fair play and other legal principles. When the Lok Adalat is not able to
arrive at a compromise or settlement, the record of the case is returned to the Court, which initially referred the case to the Lok Adalats. The Lok
Adalat is presided over by a sitting or retired judicial officer as the chairman, with two other members, usually a lawyer and a social worker.
ORGANISATION AND STRUCTURE OF LOK ADALATS :- Lok Adalats may be organized at such intervals and places and for exercising such jurisdiction
and for such areas as State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services
Committee or, as the case may require. ***COMPOSITION: Every Lok Adalat constituted for an area shall consist of such number of serving or retired
judicial officers; and any other person.JURISDICTION: Lok Adalat has the jurisdiction to determine and to arrive at a compromise or settlement
between the parties to a dispute in respect of any case pending before; or any matter which is falling within the jurisdiction of, and is not brought
before, any court for which the Lok Adalat is organized. (a)Any case pending before any court (b)Any case not brought before any court. ****
PROCEDURE FOLLOWED IN A LOK ADALAT :- The Lok Adalat is usually presided over by a sitting or retired judicial official as the chairman with two
other members, a lawyer and a social worker. It has been observed through experience that cases involving monetary disputes are easily settled
through Lok Adalats. Therefore, most motor road accident disputes are brought to Lok Adalats. The primary condition of the Lok Adalat is that both
parties in dispute should consent to the settlement. It is necessary that the parties involved in the dispute are whole-heartedly involved in the justice
dispensing system and do abide by the decision given by the Lok Adalat. ***There is no court fee. If the case is already filed in the regular court, the
fee paid will be refunded if the dispute is settled at the Lok Adalat. The procedural laws and the Evidence Act are not strictly followed while assessing
the merits of the claim presented to the Lok Adalat. The decision of the court is binding on the parties to the dispute and its order is capable of
execution through legal process. No appeal lies against the decision of the court. ****Lok Adalat is very effective in the settlement of money claims.
Disputes like partition suits, damages and matrimonial cases can also be easily settled before Lok Adalat as the scope for compromise through an
approach of give and take is high in these cases. Lok Adalat is indeed a boon to the litigant public, where they can get their disputes settled fast and
free of cost.**** POWERS OF THE LOK ADALATS :- i) It has the power of the Civil Court, under the Code of Civil Procedure, 1908, while trying a suit,
in respect of the following matters:- ****Power to summon and enforce the attendance of any witness and to examine him/her on oath. b) Power to
enforce the discovery and production of any document. c) Power to receive evidence on affidavits, d) Power for requisitioning of any public record or
document or copy thereof or from any court. e) Such other matters as may be prescribed. ii) Every Lok Adalat shall have the power to specify its own
procedure for the determination of any dispute coming before it.] iii) All proceedings before a Lok Adalat shall be deemed to be judicial proceedings
within the meaning of Sections 193, 219 and 228 of IPC.[ iv) Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and
Chapter XXVI of Cr.P.C. utilities :- Lok Adalats have the competence to deal with the following cases :- Compoundable civil, revenue and criminal cases.
**Motor accident cases **Partition Claims **Matrimonial and family disputes **Bonded Labour disputes **Land acquisition disputes **Bank’s unpaid
loan cases **Arrears of retirement benefits cases **Cases which are not under the jurisdiction of any Court.

Q.1.2012. what do you mean by international commercial arbitration :- International Commercial Arbitration :- With the growth of globalization,
liberalization regimes and rapid advancement in international business relationships, it is increasingly pertinent to have a flexible and quick method of
resolving disputes. Arbitration is a preferred process of dispute resolution chosen by parties, wherein parties intentionally agree to submit their case to
a neutral third party and agree to be bound by his/her decision.**** Section 2(1)(f) of The Arbitration and Conciliation Act, 1996, defines an
International Commercial Arbitration which means: an arbitration relating to disputes arising out of legal relationships, whether contractual or not,
considered as commercial under the law in force in India and where at least one of the parties is— (i) An individual who is a national of, or habitually
resident in, any country other than India; or (ii) A body corporate which is incorporated in any country other than India; (iii) A company or an
association or a body of individuals whose central management and control is exercised in any country other than India; (iv) The Government of a
foreign country The scope of this section was determined by the Supreme Court in the case of TDM Infrastructure Pvt. Ltd. v. UE Development India
Pvt. Ltd1 , where in spite of company having a foreign control, the Supreme Court concluded that, “a company incorporated in India can only have
Indian nationality for the purpose of the Act.”**** When Arbitration is Deemed to be International :- In the United Nation Commission on
International Trade Law (UNCITRAL) Model Law, arbitration is deemed to be international if any one of four different situations is present:- Article 1 (3)
(a) The parties to the arbitration agreement have, at the time of the conclusion of the agreement, their places of business in different States. (b) One
of the following places is situated outside the State in which the parties have their places of business: (i) The place of arbitration, if determined in or
pursuant to, the arbitration agreement, is situated outside the State in which the parties have their places of business (ii) Any place where a substantial
part of the obligations of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely
connected (iii)The parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one country. Meaning of
Commercial: The word commercial includes the day to day international business activities that have become part of the international trade
nowadays. In Koch Navigation Inc v Hindustan Petroleum Corp Ltd2 , it was held that “liberal construction is to be given to any expression or phrase
used in the Act”. In Atiabari Tea Co. Ltd v State of Assam3 , it was held that “trade and commerce in India has a wide meaning.”**** Applicability of
Part 1 of the Act in International Commercial Arbitration:- In Bhatia International v Bulk Trading S.A4 , it was held that Part I of Arbitration and
Conciliation Act, 1996 would equally apply to International Commercial Arbitrations having seat outside India, unless any or all the provisions have
been expressly excluded. In Bharat Aluminium v Kaiser Aluminium5 , the Court decided that a constitutional bench of the Court would reconsider the
Court's own ruling in Bhatia International case. The Supreme Court gave following ruling in the above mentioned case: 1. “Part I not applicable to
International Commercial Arbitrations having seat outside India: Section 2(2) makes a declaration that Part I of the Arbitration Act, 1996 shall apply to
all arbitrations which take place within India. We are of the considered opinion that Part I of the Arbitration Act, 1996 would have no application to
International Commercial Arbitration held outside India. 2. No Interim Injunction: No suit for interim injunction simplicitor would be maintainable in
India, on the basis of an international commercial arbitration with a seat outside India. 3. Section 9 i.e. Interim Relief cannot be granted if seat is
outside India: In our opinion, the provision contained in Section 2(2) of the Arbitration Act, 1996 is not in conflict with any of the provisions either in
Part I or in Part II of the Arbitration Act, 1996. In a foreign seated international commercial arbitration, no application for interim relief would be
maintainable under Section 9 or any other provision, as applicability of Part I of the Arbitration Act, 1996 is limited to all arbitrations which take place
in India. 4. Law to be applied prospectively: In order to do complete justice, we hereby order, that the law now declared by this Court shall 4 (2002) 4
SCC 105 5 (2012) 9 SCC 552 apply prospectively, to all the arbitration agreements executed hereafter.”**** Why Arbitration preferred in solving
International Disputes :- 1. Speedy dispute solving mechanism: Court process involves extensive procedures and rules, which a party needs to follow.
If parties refer their dispute to arbitration, they need not follow strict procedures of law. Hence, the dispute solving becomes speedy. 2. Enforceability
of Arbitral Awards: It is more readily and swiftly enforced as compared to the court judgements. 3. Arbitrator is impartial: Neutral third party is chosen
to decide disputes. This third party is chosen mutually by both the parties to dispute. 4. Arbitrator chosen may be an expert: based on the issue of
dispute, parties may choose a specific arbitrator having that particular technical experience and expertise in the area disputed. 5. Arbitration less
expensive: since arbitration is a time effective remedy and does not involve too many procedures, it is less expensive as compared to litigation
procedures. Conclusion: In recent years there has been a significant increase in international businesses operating out of India. This has led to an
increase in international arbitrations having its seat of arbitration in India. Both arbitration and litigation perform the same function i.e. effective
delivery of justice but the fact is that arbitration has few characteristics which makes it a more viable option as compared to its counterpart. Thus, the
degree of protection that it guarantees is far reaching.

Q.2.2012 explanatory note on UNCITRAL modal law :- This note has been prepared by the secretariat of the United Nations Commission on
International Trade Law (UNCITRAL) for informational purposes only; it is not an official commentary on the Model Law. A commentary prepared
by the Secretariat on an earlier draft of the Model Law appears in document A/CN.9/264 (reproduced in UNCITRAL Yearbook, vol. XVI - 1985).
****1. The UNCITRAL Model Law on International Commercial Arbitration was adopted by the United Nations Commission on International Trade Law
(UNCITRAL) on 21 June 1985, at the close of the Commission's 18th annual session. The General Assembly, in its resolution 40/72 of 11 December
1985, recommended "that all States give due consideration to the Model Law on International Commercial Arbitration, in view of the desirability of
uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice". *** 2. The Model Law constitutes
a sound and promising basis for the desired harmonisation and improvement of national laws. It covers all stages of the arbitral process from the
arbitration agreement to the recognition and enforcement of the arbitral award and reflects a worldwide consensus on the principles and important
issues of international arbitration practice. It is acceptable to States of all regions and the different legal or economic systems of the world. ****3. The
form of a model law was chosen as the vehicle for harmonization and improvement in view of the flexibility it gives to States in preparing new
arbitration laws. It is advisable to follow the model as closely as possible since that would be the best contribution to the desired harmonisation and in
the best interest of the users of international arbitration, who are primarily foreign parties and their lawyers. ***II. SALIENT FEATURES OF THE MODEL
LAW A. Special procedural regime for international commercial arbitration **** The principles and individual solutions adopted in the Model Law aim
at reducing or eliminating the above concerns and difficulties. As a response to the inadequacies and disparities of national laws, the Model Law
presents a special legal regime geared to international commercial arbitration, without affecting any relevant treaty in force in the State adopting the
Model Law. While the need for uniformity exists only in respect of international cases, the desire of updating and improving the arbitration law may be
felt by a State also in respect of non-international cases and could be met by enacting modern legislation based on the Model Law for both categories
of cases. Substantive and territorial scope of application 10. The Model Law defines an arbitration as international if "the parties to an arbitration
agreement have, at the time of the conclusion of that agreement, their places of business in different States" (article 1(3)). The vast majority of
situations commonly regarded as international will fall under this criterion. In addition, an arbitration is international if the place of arbitration, the
place of contract performance, or the place of the subject-matter of the dispute is situated in a State other than where the parties have their place of
business, or if the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one country. ***11. As
regards the term "commercial", no hard and fast definition could be provided. Article 1 contains a note calling for "a wide interpretation so as to cover
matters arising from all relationships of a commercial nature, whether contractual or not". The footnote to article 1 then provides an illustrative list of
relationships that are to be considered commercial, thus emphasizing the width of the suggested interpretation and indicating that the determinative
test is not based on what the national law may regard as "commercial****Delimitation of court assistance and supervision :- 14. As evidenced by
recent amendments to arbitration laws, there exists a trend in favour of limiting court involvement in international commercial arbitration. This seems
justified in view of the fact that the parties to an arbitration agreement make a conscious decision to exclude court jurisdiction and, in particular in
commercial cases, prefer expediency and finality to protracted battles in court. ****15. In this spirit, the Model Law envisages court involvement in
the following instances. A first group comprises appointment, challenge and termination of the mandate of an arbitrator (articles 11, 13 and 14),
jurisdiction of the arbitral tribunal (article 16) and setting aside of the arbitral award (article 34). These instances are listed in article 6 as functions
which should be entrusted, for the sake of centralization, specialization and acceleration, to a specially designated court or, as regards articles 11, 13
and 14, possibly to another authority (e.g. arbitral institution, chamber of commerce). A second group comprises court assistance in taking evidence
(article 27), recognition of the arbitration agreement, including its compatibility with court-ordered interim measures of protection (articles 8 and 9),
and recognition and enforcement of arbitral awards (articles 35 and 36). ****B. Arbitration agreement ***17. Chapter II of the Model Law deals with
the arbitration agreement, including its recognition by courts. The provisions follow closely article II of the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (New York, 1958) (hereafter referred to as "1958 New York Convention"), with a number of useful
clarifications added. ***Definition and form of arbitration agreement ***18. Article 7(1) recognizes the validity and effect of a commitment by the
parties to submit to arbitration an existing dispute (" compromis") or a future dispute (" clause compromissoire"). The latter type of agreement is
presently not given full effect under certain national laws. ***19. While oral arbitration agreements are found in practice and are recognized by some
national laws, article 7(2) follows the 1958 New York Convention in requiring written form. It widens and clarifies the definition of written form of
article II(2) of that Convention by adding "telex or other means of telecommunication which provide a record of the agreement", by covering the
submission-type situation of "an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not
denied by another", and by providing that "the reference in a contract to a document" (e.g. general conditions) "containing an arbitration clause
constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract".

Q.3.2012 also 2016 6. provisions relating to the constitution of arbitration tribunal and grounds on which it can be challenged and appointment :-
CONSTITUTION OF THE ARBITRAL TRIBUNAL Rule 21 :- On receipt of the application for arbitration, the Registrar shall take necessary steps to have
the arbitral tribunal constituted for the adjudication of the dispute or difference as provided hereunder. ***Rule 22 The number of arbitrators to hear
a dispute shall be determined as under: (a) Where the claim including determination of interest, if any, being claimed upto the date of commencement
of arbitration in terms of Rule 15, does not exceed Rs. One crore and where the arbitration agreement does not specify three arbitrators, the reference
shall be deemed to be to a sole arbitrator, unless the parties to the dispute agree to refer the dispute to three arbitrators within thirty days from the
date of notification of request for arbitration. ****(b) Where the claim including determination of interest, if any, being claimed upto the date of
commencement of arbitration in terms of Rule 15 exceeds Rs. One crore, the dispute will be heard and determined by three arbitrators, unless the
parties to the dispute agree to refer the dispute to a sole arbitrator within thirty days from the date of the notification of the request for arbitration.
***(c) Where three arbitrators have to be appointed as per the above sub-rule and any of the parties to the dispute fails to make the necessary
deposit towards the cost and expenses of arbitration, instead of three arbitrators, the Registrar may appoint a sole arbitrator, where the claim is upto
One crore. Where the claim is for more than Rs. One crore, the Registrar may appoint arbitrator/s on behalf of the Respondent as well the as Presiding
Arbitrator*** Number of arbitrators.—(1) The parties are free to determine the number of arbitrators, provided that such number shall not be an
even number. (2) Failing the determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator..**** Appointment of
arbitrators. – (1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.**** (2) Subject to sub-section (6), the
parties are free to agree on a procedure for appointing the arbitrator or arbitrators. ****(3) Failing any agreement referred to in sub-section (2), in an
arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall
act as the presiding arbitrator.*** (4) If the appointment procedure in sub-section (3) applies and- (a) A party fails to appoint an arbitrator within thirty
days from the receipt of a request to do so from the other party; or (b) The two appointed arbitrators fail to agree on the third arbitrator within thirty
days from the date of their appointment, The appointment shall be made, upon request of a party, by the Chief Justice or any person or institution
designated by him.**** (5) Failing any agreement referred to in sub-section (2), in an arbitration with a sole arbitrator, if the parties fail to agree on
the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request
of a party, by the Chief Justice or any person or institution designated by him.**** (6) Where, under an appointment procedure agreed upon by the
parties, - (a) A party fails to act as required under that procedure; or (b) The parties, or the two appointed arbitrators, fail to reach an agreement
expected of them under that procedure; or (c) A person, including an institution, fails to perform any function entrusted to him or it under that
procedure, A party may request the Chief Justice or any person or institution designated by him to take the necessary measure, unless the agreement
on the appointment procedure provides other means for securing the appointment.*** (7) A decision on a matter entrusted by sub-section (4) or sub-
section (5) or sub-section (6) to the Chief Justice or the person or institution designated by him is final.*** (8) The Chief Justice or the person or
institution designated by him, in appointing an arbitrator, shall have due regard to- (a) Any qualifications required of the arbitrator by the agreement
of the parties; and (b) Other considerations as are likely to secure the appointment of an independent and impartial arbitrator.**** Grounds for
challenge. - (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any
circumstances likely to give rise to justifiable doubts as to his independence or impartiality. ***(2) An arbitrator, from the time of his appointment and
throughout the arbitral proceedings, shall, without delay, disclose to the parties in writing any circumstances referred to in sub-section (1) unless they
have already been informed of them by him.**** (3) An arbitrator may be challenged only if- (a) Circumstances exist that give rise to justifiable doubts
as to his independence or impartiality, or (b) He does not possess the qualifications agreed to by the parties.*** (4) A party may challenge an
arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has
been made.

Q.8.2011 short note on foreign award :- Definition. -In this Chapter, unless the context otherwise requires, “foreign award” means an arbitral award
on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in
India, made on or after the 11th day of October, 1960- (a) In pursuance of an agreement in writing for arbitration to which the Convention set forth in
the First Schedule applies, and (b) In one of such territories as the Central Government, being satisfied that reciprocal provisions have been made may,
by notification in the Official Gazette, declare to be territories to which the said Convention applies.*** When foreign award binding. - Any foreign
award which would be, enforceable under this Chapter shall be treated as binding for all purposes on the persons as between whom it was made, and
may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in India and any references in
this Chapter to enforcing a foreign award shall be construed as including references to relying on; an award.**** ENFORCEMENT OF FOREIGN
AWARDS :- As per section 49 of the Act if a court decides to uphold the foreign award and enforce it then it shall be deemed to be a decree of the
court and no appeal shall lie against the award so upheld except for a discretionary appeal to Supreme Court of India under Article 136 of the
Constitution of India when it is a question of fundamental importance or public interest. But in the case of an award held to be non-enforceable by the
court, an appeal may be allowed under section 50 (1) (b) of the Act. The decree shall be executed, on application by the decree-holder, in accordance
with the provisions of CPC by the court which passed it.

Q.9.2011 scope and provisions of legal service authority act 1987 and throw light on clear the acts ok lok adalat :- Short title, extent and
commencement.— (1) This Act may be called the Legal Services Authorities Act, 1987. (2) It extends to the whole of India, except the State of Jammu
and Kashmir. (3) It shall come into force on such date* as the Central Government may, by notification, appoint; and different dates1 may be
appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to
any State shall be construed as a reference to the commencement of that provision in that State.**** Constitution of National Legal Services
Authority / Central Authority? Also explain the constitution of Supreme Court Legal Services Committee :- National Legal Services AuthorityCentral
Government constitute a Body to be called as National Legal Services Authority . It shall consist of -1. The Chief justice Of India who shall be the Patron
–in- Chief. 2. A serving or retired Judge of Supreme Court of India to be nominated by the President , in consultation with Chief Justice Of India , who
shall be Executed Chairman . 3. Such members of other members possessing such experience and qualifications as may be prescribed by the Central
Government to be Nominated by Government .4. The Central Government shall appoint a person to be Member –Secretary of the Central Authority
.Supreme Court Legal Services Committee :- The Central Authority shall constitute a Committee to be called as Supreme Court Legal Services
Committee . It shall consist of :-1. A sitting judge of Supreme Court who shall be the Chairman 2.Such member of other members possessing such
experience and qualifications as maybe prescribed by the Central Government 3. The Chief Justice Of India shall appoint a Secretary to the Committee
4.The Committee may appoint such member of officers and other employees as prescribed by the Central Government .**** functions of NALSA? 1.
To lay down policies and principles for making Legal Services available under the provisions of the Act. 2. To frame the most effective and economical
schemes for the purpose of making the legal services available under this act. 3. To utilise the funds at its disposal and make appropriate allocations of
funds to the State authorities and District authorities 4. To take necessary steps by way of social justice litigation with regard to consumer protection
,environmental protection or any other matter of special concern to the weaker sections of the society and for this purpose give special training to
legal workers 5. To organise legal aid camps specially on rural areas ,slums or labour colonies with the dual purpose of educating weaker sections of
society as to their rights as well as encouraging of settling their disputes through Lok Adalats.6.To encourage the settlement of Disputes by ways of
negotiation, conciliation and arbitration 7.To undertake and promote research in the field of legal services with special references to need for such
services among poor 8.To do all things necessary for the purpose of ensuring commitment to the fundamental duties of the citizens.**** constitution
of State Legal Services Authority? And also state about High Court Legal Services Authority? In every State a State Legal Services Authority is
constituted to give effect to the policies and directions of the Central Authority (NALSA) and to give legal services to the people and conduct Lok
Adalats in the State. State Legal Services Authority is headed by the Chief Justice of the State High Court who is its Patron-in-Chief. A serving or retired
Judge of the High Court is nominated as its Executive Chairman.***High Court State Legal Services include a Chairman who is a sitting High Court
judge, members to be nominated by Chief Justice of High Court , a Secretary. **** Persons who are entitled legal services under this act are :- 1. To a
member of Scheduled Tribe or Scheduled Cast 2.To a victim of trafficking in human beings or beggars 3.To women and children 3.To a person with
disability 4. To a person being victim of mass disaster, ethnic violence, caste atrocity, flood, drought , earthquake or industrial disaster. 5. To a person
in custody , including custody in protective homes like juvenile home etc. 6. To a person whose annual income is less than 9 thousand rupees as
prescribed by State Government and 12 thousand rupees as prescribed by Central Government.**** What is Lok Adalat :- Lok Adalat is one of the
Alternative dispute resolution mechanisms in India, it is a forum where cases pending or at pre litigation stage in a court of law are settled. They have
been given statutory status under the Legal Services Authorities Act, 1987. Under this Act, the award (decision) made by the Lok Adalat is deemed to
be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not
satisfied with the award of the Lok Adalat (though there is no provision for an appeal against such an award), they are free to initiate litigation by
approaching the court of appropriate jurisdiction. What is the composition of Lok Adalat :- Central, State, District and Taluk Legal Services Authority
has been created who are responsible for organizing Lok Adalats at such intervals and place. Lok Adalat consists of :- 1. A serving or judicial officers Or
other persons as prescribed by Central Authority or State Authority or District Authority ***The nature of cases brought in Lok Adalat are :- 1. Any
pending case 2. Any matter which is falling within the jurisdiction of , and is not brought before any court in which Lok Adalat is being organised
1reference. 3. Where the Court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat. 4.Compromise
settlement shall be guided by the principles of justice, equity, fair play and other legal principles 5. Where no compromise has been arrived at through
co7.nciliation, the matter shall be returned to the concerned court for disposal in accordance with Law.** concept of award in Lok Adalat ? After the
agreement is arrived by the consent of the parties, award is passed by the conciliators. The matter need not be referred to the concerned Court for
consent decree. The Act provisions envisages as under: 1.Every award of Lok Adalat shall be deemed as decree of Civil Court 2. Every award made by
the Lok Adalat shall be final and binding on all the parties to the dispute. 3. No appeal shall lie from the award of the Lok Adalat.*** powers of Lok
Adalat ? 1. To summon and enforce the attendance of any witness and examining him on oath 2.To discover and produce any document 3.The
reception of evidence on affidavits 4.The requisitioning of any public record or document or copy of such record or document from any court or office.
5.Lok adalat shall have requisite power to specify its own procedure for the determination of any dispute coming before it .

Q.6.2010. provisions relating to enforcement of award under arbitration act 1996 :- Enforcement.—(1) Where the time for making an application to
set aside the arbitral award under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance
with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a decree of the court. ****(2) Where an
application to set aside the arbitral award has been filed in the Court under section 34, the filing of such an application shall not by itself render that
award unenforceable, unless the Court grants an order of stay of the operation of the said arbitral award in accordance with the provisions of sub-
section (3), on a separate application made for that purpose.*** (3) Upon filing of an application under sub-section (2) for stay of the operation of the
arbitral award, the Court may, subject to such conditions as it may deem fit, grant stay of the operation of such award for reasons to be recorded in
writing: Provided that the Court shall, while considering the application for grant of stay in the case of an arbitral award for payment of money, have
due regard to the provisions for grant of stay of a money decree under the provisions of the Code of Civil Procedure, 1908 (5 of 1908).]
****ENFORCEMENT OF FOREIGN AWARDS :- As per section 49 of the Act if a court decides to uphold the foreign award and enforce it then it shall be
deemed to be a decree of the court and no appeal shall lie against the award so upheld except for a discretionary appeal to Supreme Court of India
under Article 136 of the Constitution of India when it is a question of fundamental importance or public interest. But in the case of an award held to be
non-enforceable by the court, an appeal may be allowed under section 50 (1) (b) of the Act. The decree shall be executed, on application by the
decree-holder, in accordance with the provisions of CPC by the court which passed it.

Q.7.2010.also 7.2016 define new York convention award and when is it binding :- Definition. -In this Chapter, unless the context otherwise requires,
“foreign award” means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as
commercial under the law in force in India, made on or after the 11th day of October, 1960- (a) In pursuance of an agreement in writing for arbitration
to which the Convention set forth in the First Schedule applies, and (b) In one of such territories as the Central Government, being satisfied that
reciprocal provisions have been made may, by notification in the Official Gazette, declare to be territories to which the said Convention applies. 45.
Power of judicial authority to refer parties to arbitration. -Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of
1908) a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall,
at the request of one of the parties or any person claiming through or under him, refer the parties to arbitration, unless it finds that the said
agreement is null and void, inoperative or incapable of being performed. 46. When foreign award binding. - Any foreign award which would be,
enforceable under this Chapter shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be
relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in India and any references in this Chapter to
enforcing a foreign award shall be construed as including references to relying on; an award.**** ****ENFORCEMENT OF FOREIGN AWARDS :- As per
section 49 of the Act if a court decides to uphold the foreign award and enforce it then it shall be deemed to be a decree of the court and no appeal
shall lie against the award so upheld except for a discretionary appeal to Supreme Court of India under Article 136 of the Constitution of India when it
is a question of fundamental importance or public interest. But in the case of an award held to be non-enforceable by the court, an appeal may be
allowed under section 50 (1) (b) of the Act. The decree shall be executed, on application by the decree-holder, in accordance with the provisions of CPC
by the court which passed it.****Geneva convention **** Interpretation.—In this Chapter “foreign award” means an arbitral award on differences
relating to matters considered as commercial under the law in force in India made after the 28th day of July, 1924,— (a) in pursuance of an agreement
for arbitration to which the Protocol set forth in the Second Schedule applies, and*** (b) between persons of whom one is subject to the jurisdiction
of some one of such Powers as the Central Government, being satisfied that reciprocal provisions have been made, may, by notification in the Official
Gazette, declare to be parties to the Convention set forth in the Third Schedule, and of whom the other is subject to the jurisdiction of some other of
the Powers aforesaid, and*** (c) in one of such territories as the Central Government, being satisfied that reciprocal provisions have been made, may,
by like notification, declare to be territories to which the said Convention applies, and for the purposes of this Chapter an award shall not be deemed
to be final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made. 54. Power of
judicial authority to refer parties to arbitration.—Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a
judicial authority, on being seized of a dispute regarding a contract made between persons to whom section 53 applies and including an arbitration
agreement, whether referring to present or future differences, which is valid under that section and capable of being carried into effect, shall refer the
parties on the application of either of them or any person claiming through or under him to the decision of the arbitrators and such reference shall not
prejudice the competence of the judicial authority in case the agreement or the arbitration cannot proceed or becomes inoperative. 55. Foreign
awards when binding.—Any foreign award which would be enforceable under this Chapter shall be treated as binding for all purposes on the persons
as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal
proceedings in India and any references in this Chapter to enforcing a foreign award shall be construed as including references to relying on an
award.*** Enforcement of foreign awards.—Where the Court is satisfied that the foreign award is enforceable under this Chapter, the award shall be
deemed to be a decree of the Court.

Q.10.2006. a) under what circumstances cognizance of cases may be taken by lok adalat under legal service authority act 1987 :- Cognizance of
cases by Lok Adalats.—(1) Where in any case referred to in clause (i) of sub-section (5) of section 19—1[20. Cognizance of cases by Lok Adalats.—(1)
Where in any case referred to in clause (i) of sub-section (5) of section 19—"(i) (a) the parties thereof agree; or(b) one of the parties thereof makes an
application to the court, for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such
settlement; or (ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the court shall refer the case
to the Lok Adalat: Provided that no case shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or clause (ii) by such court except after
giving a reasonable opportunity of being heard to the parties.****(2) Notwithstanding anything contained in any other law for the time being in force,
the Authority or Committee organising the Lok Adalat under sub-section (1) of section 19 may, on receipt of an application from any one of the parties
to any matter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to
the Lok Adalat, for determination: Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being
heard to the other party.****(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been made to it under sub-
section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties.***(4) Every
Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement
between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles. ***(5) Where no award is made by the
Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to
the court, from which the reference has been received under sub-section (1) for disposal in accordance with law. ****(6) Where no award is made by
the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that
Lok Adalat shall advice the parties to seek remedy in a court. ****(7) Where the record of the case is returned under sub-section (5) to the court, such
court shall proceed to deal with such case from the stage which was reached before such reference under sub-section (1).]

Q.5.2005 short note on :- 1. Finality of arbitral award :- the award shall be final and binding on the parties and person covered under it subject to the
time limit prescribed under sec 33 and 34 of the act . the time limit are as follows :- 1. Correction and interpretation of the award : 30 days from the
receipt of the award . 2. Tribunal making a correction or giving an interpretation on an receipt of application for correction – 30 days of the receipt of
the request.3. tribunal making a correction on its own – 30 days from the date of award. 4. Party applying for an additional award against the claim
omitted in the award – 30 days from the date of receipt of award .5. tribunal making the additional award – 60 days from the receipt of the request(
period may be extended by tribunal) the additional award should have the aspects of the award as mentioned above.6. application for setting aside
the award – 3 months from the date of receipt of the award or the date of disposal of application in above categories . (the court can extend to a
maximum of 30 days. ****in the cases from point 1-5 the award becomes final and binding only after the expiry of the prescribed time limit of the
application or the disposal of the application . in the case of point no. 6 the award becomes final and binding if no application is made in specified
period of making the application and the grace period of 30 days . if the application for setting aside the award has been made in the time and
admitted by the court the award shall not become final and binding till the court reject the application. ****short note on :- effect of death of party
on arbitration agreement :- (1) An arbitration agreement shall not be discharged by the death of any party thereto either as respects the deceased or
as respects any other party, but shall in such event be enforceable by or against the legal representative of the deceased. (2) The mandate of an
arbitrator shall not be terminated by the death of any party by whom he was appointed. (3) Nothing in this section shall affect the operation of any law
by virtue of which any right of action is extinguished by the death of a person.

Q.2.2014. what is arbitration agreement discuss the power of judicial officer to refer to parties and its elements :- (1) In this Part, “arbitration
agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in
respect of a defined legal relationship, whether contractual or not.*** (2) An arbitration agreement may be in the form of an arbitration clause in a
contract or in the form of a separate agreement.*** (3) An arbitration agreement shall be in writing.*** (4) An arbitration agreement is in writing if it
is contained in- (a) A document signed by the parties; (b) An exchange of letters, telex, telegrams or other means of telecommunication which provide
a record of the agreement; or (c) An exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and
not denied by the other. ***(5) There reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if
the contract is in writing and the reference is such as to make that arbitration clause part of the contract. elements :- • It must be in writing • It must
have all the essential elements of valid contract • It must be to refer a dispute, present or future, to arbitration • It may be in the form of an
arbitration clause in a contract or in the form of a separate agreement or in the form of a reference in a written contract containing an arbitration
clause. **** Power to refer parties to arbitration where there is an arbitration agreement.—1 [(1) A judicial authority, before which an action is
brought in a matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or
under him, so applies not later than the date of submitting his first statement on the substance of the dispute, then, notwithstanding any judgment,
decree or order of the Supreme Court or any Court, refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement
exists.] (2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a
duly certified copy thereof: 2 [Provided that where the original arbitration agreement or a certified copy thereof is not available with the party
applying for reference to arbitration under sub-section (1), and the said agreement or certified copy is retained by the other party to that agreement,
then, the party so applying shall file such application along with a copy of the arbitration agreement and a petition praying the Court to call upon the
other party to produce the original arbitration agreement or its duly certified copy before that Court.] (3) Notwithstanding that an application has been
made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral
award made.

Q.10.2016 distinguish between :- 1.arbitrattion and adjudication :- Arbitration means when two parties are arguing they cant come to an agreement
they call someone in who is neutral and they figure out the matter. • In Arbitration rules will be followed to solve the problem by the mediator.
Adjudication: This is next level-- If they not satisfied with the arbitrator result they can approach the adjudication method.• In this, the problem will be
solved by the lawyer who is appointed by the government.**** Arbitration is a more formal process in which parties present their cases in front of one
or more arbitrators chosen by them. Unlike in court, the arbitrator asks the questions of witnesses and counsel, there is no process for cross-
examination. Adjudication is a short-term type of dispute resolution used extensively in the construction industry, which allows party access to an
‘adjudicator’ who hears the outline arguments of both sides and makes a fast decision to allow both parties to advance quickly with their project.*** •
Arbitration, in contrast, is mostly voluntary, and does not take place within a courtroom setting. It is an alternative to litigation. • Adjudication takes
place before a judge and/or jury while an Arbitration proceeding is heard by an informal third party such as an Arbitrator or a panel of Arbitrators.***
Arbitration refers to the private resolution of a dispute according to an Arbitration Agreement. Adjudication refers to resolution through the courts.***
In arbitration, the disputing parties agree on an impartial third party- an individual or a group- to hear both sides and resolve the issue.In adjudication,
the decosion is taken by judge, magistrate, or other legally-appointed official.

Arbitration and negotiation :- Both arbitration and negotiation are two forms of appropriate dispute resolutions (ADR) and alternative processes to
court litigation. Both are private, speedy, less costly and ensure confidentiality. Other forms of ADR are conciliation and mediation.*** Negotiation
and arbitration differ in function and the people who play a part in each process. In arbitration, an arbitrator is appointed by both parties while a
facilitator oversees a negotiation.*** In arbitration, the arbitrator decides on the outcome of the dispute after hearing both sides. The resolution is
called an award, which is final and legally binding. Meanwhile, a facilitator allows both parties talk to each other about the dispute and aids in making
a settlement. The result of a negation is called a memorandum of agreement. This document is not as legally binding as an award.*** Both facilitators
and arbitrators are usually third parties. The arbitrators solely and directly decide on the outcome of the dispute while the facilitators let both parties
come into their own agreement. To sum up, a facilitator is a non-direct party in the process.*** The costs of arbitration can be decided by the
arbitrator or by both disputing parties, depending on the situation. Meanwhile, the negotiator’s fee is usually split between the two parties.*** An
award (in arbitration) cannot be appealed to a court. On the other hand, a court can question or overturn a memorandum of agreement that
transpired as a result of negotiation.*** Arbitrators are usually lawyers or people associated with the law while facilitators may not have a law
background.

Mediation and arbitration :- Mediation refers to a process of resolving disputes wherein an independent third party, assist the parties involved in
arriving at solution, agreeable to all. Arbitration is a substitute of public trial, with no need of going court, wherein an independent third party
analyses the entire situation and makes a decision binding on the parties.**** Nature of mediation Collaborative whereas Adversarial ***Process of
mediation Informal whereas arbitration Formal ****Role of expert of medistion is called Facilitator whereas arbitration Judge ****Number of expert
mediation One whereas arbitration One or more. **** Private communication mediation Meeting between the parties concerned and the counsel
takes place jointly and separately. arbitration :- Only evidentiary hearings, no private meetings with the arbitrator.**** Basis of outcome mediation
Needs, rights and interest of parties. Arbitration :- Facts and evidences**** Decision of meadiation The mediator does not pass any judgement, but
makes settlement only with the approval of parties. arbitration :- The decision of the arbitrator is final and binding upon the parties.*** Conclusion
mediation When the agreement is reached or parties are deadlocked. Arbitration :- When the decision is handed down.

Arbitration and conciliation :- Arbitration is a powerful means of resolving disputes between the organisation and its employees. It is a process in
which an independent third party analyses the bargaining situation, listens to both parties and collects necessary data and make recommendations
which are binding on the parties concerned.***** The process wherein the representative of both employer and employees are brought together in
front of a third party so as to persuade them to arrive at a decision by agreement between them. Any party can request the other, for appointing the
conciliation officer. The conciliation officer or conciliator can be an individual or a group of people. There will be no conciliation if anyone of the two
parties rejects the offer to conciliate.****Arbitration refers to method of resolving industrial disputes, wherein the management and the labour
present their respective positions to the neutral third party, who takes a decision and imposes it. Conciliation is a method of resolving the dispute,
wherein an independent person, who meet the parties jointly and severally and helps them to arrive at negotiated settlement or resolve their
differences.**** 2. The decision made by the arbitrator is acceptable to the parties concerned. On the other hand, the conciliator does not have the
right to enforce his decision. ****3. Arbitration requires a prior agreement between parties known as arbitration agreement, which must be in writing.
As against this, the process of conciliation doesn’t require any prior agreement.**** 4. Arbitration is available for the current and future disputes
whereas the conciliation can be adopted for existing disputes only. ****5. Arbitration is like a courtroom proceeding, wherein witnesses, evidence,
cross-examination, transcripts and legal counsel are used. On the contrary, Conciliation is an informal way of resolving disputes between the
management and labour.

Q.1.2010. describe the objects reasons and features for passing the arbitration and conciliation act and difference arbitration proceeding and
conciliation proceeding :- objectives :- • To cover both international & domestic arbitration & conciliation • To make provisions for an arbitral
procedure which is fair, efficient and capable of meeting the needs of the arbitration • To permit an arbitral tribunal to use mediation & conciliation to
encourage settlement of disputes • To provide that a settlement reached by the parties as a result of conciliation proceedings will have the same
status and affect as an arbitral award • To provide that the arbitral tribunal gives reasons for its arbitral award • To provide that every arbitral award is
enforced in the same manner as if it were a decree of the court.**** Features :- • Arbitration is consensual • The parties are free to choose the
arbitrator(s) • Arbitration is neutral • Arbitration is a confidential procedure • The decision of the arbitral tribunal is final and easy to
enforce.***reasons :- • Choice of Decision Maker (Arbitrator) • Cost Effective & Efficient • Privacy • Court intervention is minimum • Convenience •
Strict rules of CPC and Evidence Act are not required to be followed, the Arbitrator is free to frame his own procedure to conduct arbitration
proceedings • Finality of Decision***** difference of arbitral proceeding and conciliation proceeding :- Commencement of arbitral proceedings.—
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that
dispute to be referred to arbitration is received by the respondent. 22. Language.—(1) The parties are free to agree upon the language or languages to
be used in the arbitral proceedings. (2) Failing any agreement referred to in sub-section (1), the arbitral tribunal shall determine the language or
languages to be used in the arbitral proceedings. 14 (3) The agreement or determination, unless otherwise specified, shall apply to any written
statement by a party, any hearing and any arbitral award, decision or other communication by the arbitral tribunal. (4) The arbitral tribunal may order
that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the
arbitral tribunal.***** Application and scope.—(1) Save as otherwise provided by any law for the time being in force and unless the parties have
otherwise agreed, this Part shall apply to conciliation of disputes arising out of legal relationship, whether contractual or not and to all proceedings
relating thereto. (2) This Part shall not apply where by virtue of any law for the time being in force certain disputes may not be submitted to
conciliation. 62. Commencement of conciliation proceedings.—(1) The party initiating conciliation shall send to the other party a written invitation to
conciliate under this Part, briefly identifying the subject of the dispute. (2) Conciliation proceedings, shall commence when the other party accepts in
writing the invitation to conciliate. (3) If the other party rejects the invitation, there will be no conciliation proceedings. (4) If the party initiating
conciliation does not receive a reply within thirty days from the date on which he sends the invitation, or within such other period of time as specified
in the invitation, he may elect to treat this as a rejection of the invitation to conciliate and if he so elects, he shall inform in writing the other party
accordingly.

Q.3.2010. is an arbitration agreement discharged i) in case of death of party:- Arbitration agreement not to be discharged by death of party
thereto.—(1) An arbitration agreement shall not be discharged by the death of any party thereto either as respects the deceased or as respects any
other party, but shall in such event be enforceable by or against the legal representative of the deceased. (2) The mandate of an arbitrator shall not be
terminated by the death of any party by whom he was appointed. (3) Nothing in this section shall affect the operation of any law by virtue of which
any right of action is extinguished by the death of a person. ii). Provisions in case of insolvency.—(1) Where it is provided by a term in a contract to
which an insolvent is a party that any dispute arising thereout or in connection therewith shall be submitted to arbitration, the said term shall, if the
receiver adopts the contract, be enforceable by or against him so far as it relates to any such dispute. (2) Where a person who has been adjudged an
insolvent had, before the commencement of the insolvency proceedings, become a party to an arbitration agreement, and any matter to which the
agreement applies is required to be determined in connection with, or for the purposes of, the insolvency proceedings, then, if the case is one to which
sub-section (1) does not apply, any other party or the receiver may apply to the judicial authority having jurisdiction in the insolvency proceedings for
an order directing that the matter in question shall be submitted to arbitration in accordance with the arbitration agreement, and the judicial authority
may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order
accordingly. (3) In this section the expression “receiver” includes an Official Assignee.

Q.4.2010.i). Competence of arbitral tribunal to rule on its jurisdiction.—(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on
any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,— (a) an arbitration clause which forms part
of a contract shall be treated as an agreement independent of the other terms of the contract; and (b) a decision by the arbitral tribunal that the
contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. ***(2) A plea that the arbitral tribunal does not have
jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea
merely because that he has appointed, or participated in the appointment of, an arbitrator.*** (3) A plea that the arbitral tribunal is exceeding the
scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.***
(4) The arbitral tribunal may, in either of the cases referred to in sub-section (2) or sub-section (3), admit a later plea if it considers the delay justified.
***(5) The arbitral tribunal shall decide on a plea referred to in sub-section (2) or sub-section (3) and, where the arbitral tribunal takes a decision
rejecting the plea, continue with the arbitral proceedings and make an arbitral award. ***(6) A party aggrieved by such an arbitral award may make an
application for setting aside such an arbitral award in accordance with section 34.

Q.settlement agreement effect of it :- Settlement.—(1) It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage
settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time
during the arbitral proceedings to encourage settlement. (2) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall
terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral
award on agreed terms. (3) An arbitral award on agreed terms shall be made in accordance with section 31 and shall state that it is an arbitral award.
(4) An arbitral award on agreed terms shall have the same status and effect as any other arbitral award on the substance of the dispute.