Arbitration and Conciliation, India

A table is given below for ready reference of the development of arbitration:

Year

Development

Ancient Hindu Period

There were various grades of arbitrators namely Puga, Sreni and Kulla. Matters were referred to Punches or head of Panchayat.

Ancient Muslim Period

The Hedaya contains provision for settlement of disputes between the parties by Hakam- the arbitrator whose awards is binding on the parties except in cases where the award was in valid on account of any legal infirmity.

1697

First Law in England on arbitration.

1772

Bengal Regulation of 1772.

1781

Sir Elijah Impeya’s Regulation of 1781.

1787 -1883

Regulations of 1787 -1883, 1793, 1795, 1803, 1814, 1822 1827 and 1883.

1859

Civil Procedure Code, 1859.

1882

Code of Civil procedure, 1882.

1889

English Arbitration Act, 1889.

1899

Indian Arbitration Act, 1899.

1908

The Civil Procedure Code, 1908.

24.9.1923

Protocol on arbitration Clauses signed at a meeting of the assembly of the League of Nations.

1925

The Civil Justice Committee presided over by the Hon’ble Mr. Justice Rankin examined law of Arbitration in 1925and recommended to consolidate law of arbitration.

26.9.1927

Convention on the Execution of Foreign Arbitral Awards signed at Geneva.

1934

English Arbitration Act, 1934 passed in England.

1937

Arbitration (Protocol And Convention) Act, 1937.

1940

The Arbitration Act, 1940.

1950

The English Arbitration Act, 1950 passed in England.

1953

The ICC issued a draft convention in 1953 on international arbitral awards.

06.05.1954

The United Nations Economic and Social Council by its resolution No. 520 (XVII) dated May 6, 1954 established an ad hoc committee of eight Member States to study the matter raised by the international Chamber of Commerce in the light of all the relevant considerations and to report its conclusions to the former submitting such proposals as latter deemed appropriate, including a draft convention.

10.6.1958

Convention on the Recognition and Enforcement of Foreign Arbitral Awards – the ‘New York’ Convention.

30.11.1961

Foreign Awards (Recognition And Enforcement) Act, 1961.

1966

United Nations Commission on International Trade Law (UNCITRAL) was established by the General Assembly of the United Nations in December 1966 with the aim of promoting the unification and harmonization of international trade law.

1976

UNCITRAL drafted the UNCITRAL Arbitration Rules (1976) a flexible set of arbitration rules, capable of being used as a framework for all sorts of arbitrations, anywhere in the world and designed to ensure that the ensuing award would be enforceable in any state which recognizes the 1958 New York Convention.

1979

The English Arbitration Act, 1979.

1981

The Supreme Court of India had criticized the mechanisms prescribed by the 1940 Act in Guru Nanak Foundation v. Rattan Singh & Sons.

21.06.1985

The United Nations Commission on International Trade Law prepared and adopted Model Law on International Commercial Arbitration on June 21, 1985, at the close of the Commission’s 18th Annual Session. All major commercial and trading states have signed on to the first edition of the Model Law (1985) Canada was one of the first to do so, in 1986, though they had been one of the last to sign onto the 1958 New York Convention – which they also signed in 1986.

1989

The Supreme Court of India had recommended improvement in law of arbitration in Food Corporation of India v. Joginderpal Mohinderpal.

1996

The English Arbitration Act, 1996.

25.1.1996

Indian Arbitration and Conciliation Ordinance, 1996 came in to force.

22.8.1996

Arbitration and Conciliation Act, 1996 came in to force vide notification no.GSR 375(E) dated 22/8/1996 published in the gazette of India.

2003

The Government of India has introduced the Arbitration and Conciliation (Amendment) Bill, 2003 but subsequently it was withdrawn.

2010

The Arbitration and Conciliation Bill 2010 was introduced in the parliament.