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Journal articles on the topic 'Arbitration and conciliation'

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Author: Grafiati

Published: 10 December 2022

Last updated: 28 January 2023

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1

Mikhailova, Ekaterina V. "About the legal nature, principles and legal status of participants in the judicial conciliation procedure." Gosudarstvo i pravo, no. 10 (2022): 18. http://dx.doi.org/10.31857/s102694520022613-5.

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The article is devoted to the consideration of questions about the legal nature of the institution of judicial conciliation, its principles, the legal status of a judicial conciliator, the procedural rights and obligations of participants in judicial conciliation in civil and arbitration proceedings. The author proceeds from the fact that the judicial conciliation procedure is implemented within the framework of civil, arbitration and administrative legal proceedings, regulated by the norms of procedural legislation, due to which it is a kind of public law activity. Accordingly, a conclusion is made about the public powers of the judicial conciliator and the “vertical” nature of the relationship connecting him with the parties to the legal conflict during the judicial conciliation procedure. At the same time, attention is drawn to the specific nature of the direction of judicial reconciliation (not the resolution of the conflict, but its settlement), as well as the specific principles of this procedure (confidentiality). The procedural rights and obligations of the parties to judicial reconciliation, which are derived from the general rights and obligations of the parties in arbitration proceedings, are analyzed. The question of the relationship between the principles of judicial conciliation procedure and the general principles of civil and arbitration proceedings is also considered. Unlike out-of-court conciliation, judicial conciliation procedures are part of the general civil procedural form, therefore their organization and conduct must be carried out in accordance with the principles of civil and arbitration process.

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2

Ms. Charu Shahi, Dr Sachin Rastogi,. "THE CONCEPT OF INSTITUTIONAL ARBITRATION – NEED FOR THE HOUR." Psychology and Education Journal 58, no. 2 (February 20, 2021): 6601–9. http://dx.doi.org/10.17762/pae.v58i2.3194.

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The Indian lawmakers have an agenda to promote India as an Arbitration hub for solving disputes, thus, they brought about certain changes to the Arbitration and Conciliation Act, 1996 by way of an amendment namely, the Arbitration and Conciliation (Amendment) Act, 2015 (“2015 Amendments”) which aimed at achieving this goal by facilitating speedy and efficacious resolution of disputes through arbitration. It is widely accepted that India prefers ad hoc arbitration over institutional arbitration. Though various arbitral institutions have been set up in India, especially in the last five years, ad hoc arbitration continues to be the preferred mode of arbitration. Moreover, a large number of international arbitrations involving Indian parties are seated abroad and administered by foreign arbitral institutions. In order to promote institutional arbitration in India, it is imperative that: (a) Indian parties involved in domestic and international arbitrations are encouraged to shift to institutionally administered arbitrations rather than resort to ad hoc arbitrations; and (b) India becomes a favored seat of arbitration for international arbitrations, at the very least in matters involving Indian parties. With this background, this paper delineates certain issues that exist in the Institutional Arbitration in India and identifies areas for reform in the Indian arbitration, to strengthen the existing arbitration mechanisms, and also to put forward focus areas for promoting institutional arbitration in India.

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3

Tigadi, Rohan. "Indian Arbitration: The Ghost of Implied Exclusion and other Related Issues." Asian International Arbitration Journal 12, Issue 2 (December 1, 2016): 181–93. http://dx.doi.org/10.54648/aiaj2016008.

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The purpose of this article is to examine the effect of the Arbitration and Conciliation (Amendment) Act, 2015 on the scope and applicability of the Arbitration and Conciliation Act, 1996. In 2015, several provisions of the Arbitration and Conciliation Act, 1996 were amended by the Arbitration and Conciliation (Amendment) Act, 2015 based on the recommendations of the Law Commission of India in its 246th Report. Among other things, a proviso was inserted to section 2(2) of the 1996 Act to empower Indian courts to act in aid of foreign-seated international commercial arbitrations. So, pursuant to the amendment, Indian courts can aid foreign-seated arbitral tribunals in taking of evidence or grant interim measures in favour of such arbitrations if the resulting award is enforceable under the New York Convention on the Recognition and Enforcement of Foreign Awards or Convention on Execution of Foreign Arbitral Awards in India. The Law Commission of India had recommended that such remedies available under the proviso to section 2(2) could be excluded only by an ‘express’ agreement between the parties. However, in the present form, the proviso to section 2(2) of the Arbitration and Conciliation Act, 1996 provides that the aforesaid remedies could be excluded by an ‘express’ and ‘implied’ agreement between the parties. The author highlights the various problems that may arise as a result of such remedies being made excludable by an ‘implied agreement’ between the parties in light of the ‘theory of implied exclusion’ propounded by the judgment of the Supreme Court of India in Bhatia International v Bulk Trading SA. The author also deals with other ancillary issues arising from such an amendment to section 2(2) of the Arbitration and Conciliation Act, 1996.

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4

Rebayla, Ethel Jhoann T., Joan M. Segre, Maria Antoniette V. Rojas, and Waliza Indita. "Effectiveness of Conciliation Mediation in Regional Arbitration Branch – National Capital Region." International Journal of Multidisciplinary: Applied Business and Education Research 4, no. 1 (January 19, 2023): 222–49. http://dx.doi.org/10.11594/ijmaber.04.01.21.

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This study aimed to determine the Effectiveness of Conciliation Mediation in Regional Arbitration Branch – National Capital Region. It employed the descriptive-quantitative method of research using the researchers-made instrument to gather data from the 60 employees of the National Labor Relations Commission. They served as respondents to the study. The researcher personally distributed the tool using the random sampling technique because the researchers distributed the questionnaire to every member of the population and gave them an equal chance of being selected. It was discovered that most respondents were in the age range of 51-60 years old and above, female, married, and 26 years and above in the government service. When the effectiveness of the conciliation medication was tested, the result yielded that the Conciliation Mediation Process, Duration of the Process, Conciliator Mediator Skills, and Termination of the Conciliation Mediation Process in terms of efficacy, efficiency, and reliability were highly effective. Taking into account the result of the study, it was recommended that regular training for conciliators mediators should be conducted so that their skills in settling preliminary labor disputes may be enhanced and which will result in more future settlements between the parties involved. It is also recommended that the conciliator mediators increase their commitment to accommodate all requests and possible assistance to our laborers. It is likewise prudent to train new and incoming conciliator mediators so that as early as now, they will be given a chance to experience and explore handling conciliation mediation.

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5

Sumant Kolhe, Varad. "PASL V. GE: Indian Parties’ Fillip to Foreign-seated Arbitrations, but at What Cost?" Asian International Arbitration Journal 17, Issue 2 (October 1, 2021): 193–208. http://dx.doi.org/10.54648/aiaj2021010.

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Can two Indian parties elect a foreign seat of arbitration? This question has been the epicentre of a long-standing divergence in judicial opinions across Indian courts. However, this divergence was put to rest by the Supreme Court of India in PASL Wind Solutions (P) Ltd. v. GE Power Conversion (India) (P) Ltd. (decision of 20 April 2021), ruling in favour of Indian-parties’ autonomy to elect a foreign-seat of arbitration. Recognizing party autonomy as the “brooding spirit” of arbitration, the Supreme Court overruled two judgments of the Bombay High Court (Seven Islands Shipping Ltd. v. Sah Petroleums Ltd and Addhar Mercantile Pvt. Ltd. v. Shree Jagdamba Agrico Exports Pvt. Ltd.) for not understanding the law (on foreign seated arbitrations between Indian parties) in its correct perspective. Further, it clarified that the term ‘international commercial arbitration’ (in the proviso to section 2(2) of Indian Arbitration and Conciliation Act, 1996) was ‘party-centric’, in the context of section 2(1)(f) of the Indian Arbitration and Conciliation Act, 1996. On the other hand, the same term, when seen in the context of section 44 of the Indian Arbitration and Conciliation Act, 1996, was qualified as ‘place-centric’. This note considers the ramifications of the Supreme Court’s approach in reaching these conclusions, identifying and addressing significant gaps and ambiguities that arise therefrom. Indian Parties, International Commercial Arbitration, Party Autonomy, Foreign Seat of Arbitration (International Chamber of Commerce), Place of Arbitration, Venue of Arbitration, Foreign Substantive Law, Foreign Awards, Enforceability of Foreign Awards, Public Policy, Overruling

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6

Cooke, Robin. "Party Autonomy." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 257. http://dx.doi.org/10.26686/vuwlr.v30i1.6022.

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This is an augmented version of a paper delivered at the International Centre for Alternative Dispute Resolution, New Delhi, in December 1998. Party autonomy describes the principle whereby the parties to a dispute have full autonomy when making their arbitration agreement. The author discusses the Arbitration and Conciliation Act 1996 of the Parliament of India, focusing on the principle of party autonomy. He describes his formative experiences to arbitration in cases like Wellington City v National Bank of New Zealand Properties Ltd, the Arbitration and Conciliation Act itself, Indian case law before the Arbitration and Conciliation Act, and a brief look at New Zealand's Arbitration Act 1996.

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7

KAZIKHANOVA, S. S. "ON THE NATURE OF RELATIONSHIPS FOR RECONCILIATION AND THE DESIRABILITY OF THEIR REGULATION IN CIVIL PROCEDURAL CODES." Herald of Civil Procedure 11, no. 3 (August 30, 2021): 109–31. http://dx.doi.org/10.24031/2226-0781-2021-11-3-109-131.

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The article analyzes the changes made to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative Code of the Russian Federation by the Federal Law of 26 July 2019 No. 197-FZ, related to the regulation of conciliation procedures. The question is raised as to whether the civil procedural codes should regulate relations on reconciliation and to what extent. Agreement is expressed with those authors who believe that, by their nature, the relations that develop in conciliation procedures between its participants (including in cases where the conciliation procedure is directed by a judge) are not procedural and are not part of the subject of civil procedural law. The non-procedural nature of the relationship between the judicial conciliator and the court in the procedure of judicial conciliation under the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative code of the Russian Federation is substantiated. It is concluded that due to the qualitatively different nature of reconciliation relations from civil procedural relations, as well as their lack of connection with the resolution of a civil case in a certain system of guarantees (civil procedural form), there is no place for articles on individual conciliation procedures among procedural norms. In this regard, it is proposed to either exclude them, or, as an option, transfer them to the appendix to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Administrative code of the Russian Federation (just as in the Civil Procedure Code of 1964 there was an appendix, in particular, about the arbitration court).

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8

Gasanova, Daria P. "Participation and role of the court in conciliation of the parties in arbitration proceedings." Current Issues of the State and Law, no. 3 (2022): 413–22. http://dx.doi.org/10.20310/2587-9340-2022-6-3-413-422.

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We consider the implementation features of one of the tasks of modern legal proceedings in arbitration courts – the promotion of a peaceful settlement of the dispute. We analyze the articles of the Arbitration Procedure Code of the Russian Federation, which fix the actions of the court to promote the conciliation of the parties at various stages of the arbitration process. We highlight the procedural and organizational measures taken by the arbitration court in order to popularize the use of conciliation procedures. Examples from judicial practice illustrate the procedural actions of the court to reconcile the disputing parties. We analyze the statistics of the conclusion of settlement agreements in arbitration courts. We note the greater demand and effectiveness of conciliation procedures in the economic justice system than in the courts of general jurisdiction, due to the specifics of disputed legal relations and the subject composition. When characterizing organizational measures to promote the conciliation of the parties, emphasis is placed on the need to develop mediation and communication skills among representatives of the judicial community and employees of the judicial system, aimed at popularizing the use of conciliation procedures to resolve disputes in the arbitration process. We note that in order to develop the institution of conciliation in arbitration proceedings, it is necessary to carry out work on the implementation of a set of measures of an information-educational, organizational and regulatory nature. We conclude that the modern arbitration process is characterized by a new understanding of the role of the court in resolving legal disputes, an integral part of which are actions to conciliate the parties.

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9

Ikeyi, Nduka, and Ofornze Amucheazi. "Applicability of Nigeria's Arbitration and Conciliation Act: Which Field Does the Act Cover?" Journal of African Law 57, no. 1 (February 11, 2013): 126–48. http://dx.doi.org/10.1017/s0021855313000016.

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AbstractIn 1988, Nigeria's Federal Military Government promulgated the Arbitration and Conciliation Decree (now the Arbitration and Conciliation Act) to provide a unified legal framework for commercial arbitration throughout Nigeria. At the time of the decree's promulgation, the Federal Military Government had unlimited competence to legislate over any matter in, and for all parts of, Nigeria. However, under Nigeria's current constitutional democracy and federal structure of government, legislative powers are shared between the Federal Government and the respective state governments. This article investigates the constitutionality of the continued application of the Arbitration and Conciliation Act as federal legislation with application in all states of the federation.

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10

EVTUKHOVICH, E. A., and D. G. FILCHENKO. "JUDICIAL CONCILIATION AND JUDICIAL CONCILIATOR." Herald of Civil Procedure 10, no. 6 (January 25, 2021): 265–93. http://dx.doi.org/10.24031/2226-0781-2020-10-6-265-293.

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The article analyzes the provisions of procedural legislation on judicial conciliation and judicial conciliators. The authors review the provisions of several draft laws that contained rules on judicial conciliators. In particular, attention is paid to the projects of the Supreme Arbitration Court of the Russian Federation, projects of the Supreme Court of the Russian Federation, the Concept of a unified civil procedure code. The authors pay attention to the experience of foreign states in the formation of the institution of judicial conciliation procedures. The notion of judicial conciliation is considered in detail, as well as individual consequences of the consolidation of provisions on judicial conciliation in legislation. Authors conducted an independent analysis in order to compare and distinguish between judicial conciliation and mediation. For this, the authors have formulated the necessary criteria. The consequences of the appeal of the parties to the dispute to judicial conciliation are revealed. The specifics of regulating relations in organizing and conducting judicial conciliation, as well as the results of an appeal to judicial conciliation, have been established. Most of the article is devoted to the status of the judicial conciliator. The requirements for it are considered. The features of the position of the judicial conciliator in the organization and conduct of judicial reconciliation are revealed. Attention is paid by the authors to the formation of lists of judicial conciliators. The features of financing the activities of judicial conciliators are noted.

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11

Trappe, J. "Beijing-Hamburg Conciliation." Arbitration International 19, no. 3 (September 1, 2003): 371–86. http://dx.doi.org/10.1093/arbitration/19.3.371.

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12

Ruscalla, Gabriele. "Latest developments in conciliation and mediation in investor-state disputes." Revista Brasileira de Arbitragem 16, Issue 63 (October 1, 2019): 96–112. http://dx.doi.org/10.54648/rba2019033.

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Over the last decades, investor-State disputes have drastically increased in number. Most of these disputes are resolved through arbitration. The increase of the arbitration proceedings in investor- State matters is due to the high number of bilateral investment treaties and free trade agreements (“IIAs”) containing an arbitration clause which the dispute is based on. IIAs do not include only arbitration clauses: they also offer the parties other ways to settle their disputes through negotiation, conciliation and mediation. Research today suggests that conciliation and mediation have been rarely used in investor-State dispute resolution. The purpose of this article is to investigate the reasons why ADRs are still underused in the settlement of investor-State disputes, by analysing its pros and cons. The author will look into the current international legal instruments dealing with conciliation and meditation in investor-State disputes and will analyse the latest developments in the field. The article does not conclude that alternative dispute resolution methods should replace arbitration in investor-State matters: it rather suggests that, depending on the circumstances of the case, conciliation and mediation might be efficient mechanisms to settle disputes, alone or alongside arbitration procedures.

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13

Harpole, Sally A. "The Combination of Conciliation with Arbitration in the People’s Republic of China." Journal of International Arbitration 24, Issue 6 (December 1, 2007): 623–33. http://dx.doi.org/10.54648/joia2007046.

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The combination of conciliation with arbitration may offer parties the advantages that are enjoyed under both procedures. The Chinese approach to this combination is highly flexible. It favors the amicable settlement of disputes and at the same time offers the potential advantage of a consent award that is legally enforceable, where parties successfully resolve their dispute through conciliation. The Arbitration Law of the People’s Republic of China and the Arbitration Rules of the respective arbitration institutions embrace this approach with explicit provisions.

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14

Serrano, Delfina. "Bringing arbitration (taḥkīm) and conciliation (." Revue des mondes musulmans et de la Méditerranée, no. 140 (December 30, 2016): 14073–100. http://dx.doi.org/10.4000/remmm.9623.

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15

Chawla, Chahat. "Legislation Update: India." Asian International Arbitration Journal 14, Issue 2 (December 1, 2018): 215–22. http://dx.doi.org/10.54648/aiaj2018012.

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On 10 August 2018, the Lok Sabha (Lower House of the India’s bicameral Parliament) passed the Arbitration and Conciliation (Amendment Bill), 2018 (‘2018 Amendment Bill’), to further amend the Arbitration and Conciliation Act, 1996 (‘1996 Act’). In a short span of three years, the Indian Parliament has sought to overhaul India’s principal arbitration legislation for the second time, after the initial reforms introduced by the Arbitration and Conciliation (Amendment) Act, 2015 (‘2015 Amendment Act’). The 2018 Amendment Bill has been described as ‘a momentous and important legislation’ by the Indian Minister of Law and Justice, which is aimed at making India a ‘hub of domestic and international arbitration’. Other than the introduction of the 2018 Amendment Bill, the Indian Government, this year, also introduced the New Delhi International Arbitration Center Bill, 2018 (‘NDIAC Bill 2018’) in the Lok Sabha. The primary objective of the NDIAC Bill is to establish a ‘flagship arbitral institution’ to enable the growth of institutional arbitration in India. This Note undertakes a review of the key features of the 2018 Amendment Bill and the NDIAC Bill 2018 and how the proposed legislative measures impact the existing arbitral regime in India.

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16

Thong, Eugene. "Book Review: International Commercial and Investor-State Arbitration: Australia and Japan in Regional and Global Contexts, Luke Nottage. Edward Elgar Publishing. Cheltenham, UK 2021." Asian International Arbitration Journal 17, Issue 2 (October 1, 2021): 177–81. http://dx.doi.org/10.54648/aiaj2021008.

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international arbitration, domestic arbitration, remission, partial remission, suspension of proceedings, Article 34(4) of UNCITRAL Model Law, arbitral tribunal, judicial intervention, powers of arbitrators, modified award, Arbitration and Conciliation Act 1996, curability, International Arbitration Act, Singapore Arbitration Act, resumption, fresh evidence.

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17

Valeev, Damir Khamitovich, Alexander Nikolaevich Shpagonov, and Timur Ravilevich Gizyatov. "On modern methods of resolving a dispute between entrepreneurs." Laplage em Revista 6, Extra-B (December 24, 2020): 190–95. http://dx.doi.org/10.24115/s2446-622020206extra-b613190-195.

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The article discusses modern ways of resolving conflicts in the arbitration process, analyzes such types of conciliation procedures as mediation, judicial conciliation. The need for further implementation and development of these institutions in the arbitration process is noted. Pre-trial methods of dispute resolution are also considered. Special attention is paid to arbitration proceedings and the activities of ombudsmen for the protection of the rights of entrepreneurs as alternative ways of resolving conflicts in a particular area of entrepreneurship.

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18

Valeev, Damir Khamitovich, Alexander Nikolaevich Shpagonov, and Timur Ravilevich Gizyatov. "On modern methods of resolving a dispute between entrepreneurs." Laplage em Revista 6, Extra-B (December 24, 2020): 190–95. http://dx.doi.org/10.24115/s2446-622020206extra-b613p.190-195.

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The article discusses modern ways of resolving conflicts in the arbitration process, analyzes such types of conciliation procedures as mediation, judicial conciliation. The need for further implementation and development of these institutions in the arbitration process is noted. Pre-trial methods of dispute resolution are also considered. Special attention is paid to arbitration proceedings and the activities of ombudsmen for the protection of the rights of entrepreneurs as alternative ways of resolving conflicts in a particular area of entrepreneurship.

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19

Giles, Penelope. "Federated Clerks Union of Australia v Victorian Employers Federation." Federal Law Review 15, no. 4 (December 1985): 348–54. http://dx.doi.org/10.1177/0067205x8501500405.

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Industrial law — Victorian award relating to notification and consultation by employers in relation to proposed technological change — Applicability of principles under the Conciliation and Arbitration Act 1904 (Cth) — Current status of traditional dichotomy between industrial matters and managerial prerogative — Commercial Clerks Award Clause 39 — Industrial Relations Act 1979 (Vic) ss 3(1), 34(1) — Conciliation and Arbitration Act 1904 (Cth)

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20

Iwasaki, K. "ADR: Japanese Experience with Conciliation." Arbitration International 10, no. 1 (March 1, 1994): 91–98. http://dx.doi.org/10.1093/arbitration/10.1.91.

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21

Trappe, J. "Conciliation in the Far East." Arbitration International 5, no. 2 (June 1, 1989): 173–88. http://dx.doi.org/10.1093/arbitration/5.2.173.

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22

Lightman, Ernie S., and Howard H. Irving. "CONCILIATION AND ARBITRATION IN FAMILY DISPUTES." Family Court Review 14, no. 2 (March 16, 2005): 12–21. http://dx.doi.org/10.1111/j.174-1617.1976.tb00757.x.

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23

Duffy, Norman F. "The Genesis of Arbitration in Western Australia." Journal of Industrial Relations 28, no. 4 (December 1986): 545–63. http://dx.doi.org/10.1177/002218568602800405.

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The use of compulsory arbitration for the determination of the conditions of employment has a long history in Australia. This paper covers the events leading up to the introduction of legislation for conciliation and for the compulsory arbitration of industrial disputes in Western Australia. After two bruising strikes and the experience of successful voluntary arbitration, the union movement came to the view that compulsory arbitration would be to their advantage. The development of political links between the unions and some members of the Legislative Assembly, coupled with certain fortuitous circumstances in the Parliament, resulted in arbitration legislation being passed in 1900—despite the dominance of the political scene by conservative forces and the opposition of the employers. Early experiences with the legislation showed that conciliation was not successful when arbitration was readily available and that the Act was not the answer to all the problems of the trade union movement.

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24

Amissah, A. "The ACP/EEC Conciliation and Arbitration Rules." Arbitration International 8, no. 2 (June 1, 1992): 167–84. http://dx.doi.org/10.1093/arbitration/8.2.167.

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25

Olawoyin, Adewale A. "Charting New Waters with Familiar Landmarks The Changing Face of Arbitration Law and Practice in Nigeria." Journal of International Arbitration 26, Issue 3 (June 1, 2009): 373–404. http://dx.doi.org/10.54648/joia2009021.

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Nigeria is a federation and the rising profile of arbitration law and practice has brought to the fore questions regarding the validity of a substantive federal law on arbitration. The constitutional schematic of legislative competence between the National Assembly and the State Houses of Assembly has generated judicial discourse in other areas of the law which offer an insight into the proper interpretation of the relevant constitutional provisions. This article is a critique of the various arguments in favour of a substantive federal law on arbitration. It is argued, contrary to what appears to be conventional wisdom, that arbitration is a residual matter within the legislative competence of the State Houses of Assembly. The article also reviews the laudable provisions of the current Draft Federal Arbitration and Conciliation Bill proposed by the National Committee on the Reform and Harmonization of Arbitration and Alternative Dispute Resolution (ADR) Laws in Nigeria against the background of the deficiencies in the current statutory regime under the Arbitration and Conciliation Act 1990 and the principles evolved by the courts.

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Pleshanov, Alexander. "Unification of Conciliation Procedure Acts and Main Parameters (Based on the Federal Law No. 197 of July 26, 2019)." Юридические исследования, no. 11 (November 2019): 21–39. http://dx.doi.org/10.25136/2409-7136.2019.11.31461.

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The object of the research is the unification of conciliation procedure acts stated by the Federal Law No. 197 of July 26, 2019 as one of the most important development trends of the civil process. The subject of the research is the acts of the civil, arbitration and administrative legislations as well as researches in the spheres of civil process and alternative procedures of legal conflict resolution. Pleshanov tries to find answers to two questions, about parameters (directions) of the unification of conciliation procedures; and limits of the application of different kinds of conciliation procedures during hearing of civil and administrative cases as well as economic disputes. The methodological basis of the research included the following methods: analysis, synthesis, structured system, formal logical, theoretical prognostic, comparative legal analysis and interpretation of legal acts. The main conclusions of the research are the following provisions. Unification of conciliation procedures implies elimination of differences and contradictions, first of all, in relation to conciliation procedures, secondly, limits of the application of conciliation procedures, thirdly, the order of application of conciliation procedures. As the criteria for determination of the limits of application of conciliation procedures, the author of the article suggests to use the problematic nature of the case and applicability of conciliation results to a particular kind of conciliation procedure. The author also offers different variants of elimination of baseless divergences in the regulation of conciliation procedures in civil, arbitration and administrative proceedings that haven't been eliminated in the process of institutional unification based on the Federal Law No. 197 of July 26, 2019. 

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Sharma, Raghav. "Bhatia International v. Bulk Trading S.A.: Ambushing International Commercial Arbitration Outside India?" Journal of International Arbitration 26, Issue 3 (June 1, 2009): 357–72. http://dx.doi.org/10.54648/joia2009020.

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In Bhatia International v. Bulk Trading S.A., the Indian Supreme Court ruled that the Arbitration and Conciliation Act, 1996 (“the Act”), applies to international commercial arbitrations held outside India. In its aftermath, this ruling has been misconstrued and misapplied by the Indian courts to fundamentally alter the nature of the Act and widen their jurisdiction over such international commercial arbitrations. This article critically examines the ruling, identifies the law laid down, explains the limits of its application, and offers positive suggestions for unwary foreign parties to avoid its trap.

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Ufot, Dorothy. "The Influence of the New York Convention on the Development of International Arbitration in Nigeria." Journal of International Arbitration 25, Issue 6 (December 1, 2008): 821–36. http://dx.doi.org/10.54648/joia2008064.

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Nigeria acceded to the New York Convention on March 17, 1970, adopting both the commercial and reciprocal reservations. Ever since, the Convention has influenced the development of arbitration as a mechanism for resolving international commercial disputes in Nigeria, with the implementation of the Convention by the Arbitration and Conciliation Act, 1988. Specifically, Sections 51 and 52 of the Arbitration and Conciliation Act are in pari materia with Articles IV and V of the New York Convention on the recognition and enforcement of arbitral awards and the grounds for the refusal of recognition and enforcement of awards. This article discusses how Nigerian courts have interpreted Article V of the New York Convention and Section 52 of the Arbitration and Conciliation Act, in relation to the issues of validity, capacity, procedural due process, arbitrability and public policy, when confronted with applications to deny recognition and enforcement of arbitral awards. The article concludes that although there is generally a “pro-enforcement bias,” by Nigerian courts, in line with global practice, nonetheless, recognition and enforcement may be refused in circumstances relating to the issues which arise under Article V of the New York Convention.

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29

WHEELWRIGHT, KAREN. "THE NEW PROVINCE FOR LAW AND ORDER- 100 YEARS OF AUSTRALIAN INDUSTRIAL CONCILIATION AND ARBITRATION BY JOE ISAAC AND STUART MACINTYRE (EDS) (SYDNEY: CAMBRIDGE UNIVERSITY PRESS 2004). 454 PAGES (HARDCOVER). PRICE: $79.95. ISBN 0 521 84289 1." Deakin Law Review 10, no. 1 (April 1, 2005): 373. http://dx.doi.org/10.21153/dlr2005vol10no1art282.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>This impressive book of essays has been published by Cambridge University Press to mark the centenary of the establishment in 1904 of the Commonwealth Court of Conciliation and Arbitration (reconstituted as the Commonwealth Conciliation and Arbitration Commission in 1956, and renamed the Australian Industrial Relations Commission in 1988). </span></p></div></div></div>

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30

Orji, Uchenna Jerome. "Law and Practice of Conciliation in Nigeria." Journal of African Law 56, no. 1 (February 13, 2012): 87–108. http://dx.doi.org/10.1017/s0021855311000246.

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AbstractThis article gives a general overview of an alternative dispute resolution (ADR) mechanism known as “conciliation” and the legal framework relating to its practice in Nigeria. Using the UNCITRAL Model Law on International Commercial Conciliation as a normative framework, the article critically analyses the proposed reforms to the existing legal framework for conciliation in Nigeria which are contained in the Nigerian Federal Arbitration and Conciliation Draft Bill and exposes some of its deficiencies. It also investigates the effect of the statutes of limitation on conciliation proceedings. The article also suggests that the institutionalization of conciliation will enhance its viability as an ADR mechanism in Nigeria.

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Watadza, Christopher, Mildred Mahapa, and Chakanaka Ernest Muchadenyika. "Effectiveness of Conciliation and Arbitration in the Ferro- Chrome Industry in Zimbabwe." European Scientific Journal, ESJ 12, no. 25 (September 30, 2016): 331. http://dx.doi.org/10.19044/esj.2016.v12n25p331.

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The study sought to establish the effectiveness of Conciliation and Arbitration as dispute resolution mechanism with the case of Ferro –Alloy Industry in Zimbabwe. A case study of 2 major players in the industry were examined in a descriptive research design. Backing the research is the concept of legal pluralism which then defined conciliation and arbitration as alternative dispute resolution systems. Management and Trade Union representatives, general employees and Labour Officers participated through interviews. The research uncovered that the current legal framework was not providing a conducive and enabling regulatory environment to ensure an effective dispute resolution mechanism. The gaps in terms of time limits, the absence of explicit guidelines on conciliation, lack of finality to arbitral awards were identified as major drawbacks of the current legal structure. The State department, the Ministry of Labour, is the vehicle for an effective dispute resolution mechanism. The research identified that the department was inadequately resourced to enable speedy and prompt resolution of disputes. Due to the centrality and inevitability of disputes at workplace, the research recommended that government should amend the current legal framework to align it to International Labour Organisations provisions on conciliation and arbitration to ensure an effective resolution to disputes.

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Ikeyi, Nduka, and Emmanuel Onyeabor. "Ravelli v. Digitsteel Integrated Services Ltd.: Does the Arbitration and Conciliation Act Preclude the Arbitration of Employment Disputes in Nigeria?" Journal of International Arbitration 37, Issue 4 (July 1, 2020): 529–40. http://dx.doi.org/10.54648/joia2020024.

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The long title of Nigeria’s Arbitration Act describes the Act as ‘a unified framework for the fair and efficient settlement of commercial disputes by arbitration’. Section 57(1) of the Arbitration and Conciliation Act (ACA) does not include the National Industrial Court of Nigeria (NIC or ‘the court’) in its definition of ‘court’. (The NIC is a specialized High Court with exclusive jurisdiction to hear and determine labour and employment disputes.) Relying on the provisions of section 57(1) of the ACA, the NIC in Ravelli v. Digitsteel Integrated Services Ltd. recently held that it is not enabled to apply the ACA, and further that the ACA does not apply to employment disputes. Accordingly, the NIC refused to assist the applicant to give effect to an arbitration agreement contained in an employment contract. This case comment reviews the decision in the Ravelli case and contends that, based upon a different rationale, the NIC might have taken jurisdiction to consider, and perhaps grant, the application. Arbitration, employment dispute, trade dispute, Arbitration and Conciliation Act, Trade Disputes Act, National Industrial Court of Nigeria, jurisdiction, employment contract, arbitration agreement, Constitution of the Federal Republic of Nigeria

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Rewari, Sulabh. "From Bhatia to Kaiser: Testing the Indian Judiciarys Self-Restraint." Asian International Arbitration Journal 9, Issue 2 (November 1, 2013): 97–146. http://dx.doi.org/10.54648/aiaj2013008.

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The Supreme Court of India pronounced its much-awaited decision in Bharat Aluminium Co v Kaiser Aluminium Technical Services ('Kaiser') on 6 September 2012. The Supreme Court held that Parts I and II of the [Indian] Arbitration & Conciliation Act, 1996 were mutually exclusive and as a consequence, the provisions of Part I could not apply to foreign awards and would only apply to arbitrations taking place in India. By this pronouncement, the Supreme Court has remedied the extant policy of excessive court intervention in arbitration, in particular, exercising jurisdiction to review foreign awards on merits. This paper examines the Indian judiciary's approach to challenges to arbitral awards, in particular, foreign arbitral awards. It seeks to assess reasons for court interference and concludes that the reasons underlying (excessive) court intervention in India cannot extend to international arbitrations. There is no justification for Indian courts to intervene beyond global norms of limited intervention in international arbitration, and such intervention is also contrary to India's obligations under the New York Convention. While this position has been rectified by the decision in Kaiser, it defies logic for this jurisdictional correction to operate only prospectively - to arbitration agreements entered into after the date of pronouncement of the Kaiser decision. In relation to domestic arbitration, Indian courts can be expected to reduce intervention only if they have faith in the quality of domestic arbitration as an alternate dispute resolution mechanism. To this end, India will need to strengthen its 'arbitral infrastructure' by establishing credible institutions to administer arbitrations and encouraging specialist counsel and trained arbitrators.

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Sanders, P. "UNCITRAL's Model Law on International Commercial Conciliation." Arbitration International 23, no. 1 (March 1, 2007): 105–42. http://dx.doi.org/10.1093/arbitration/23.1.105.

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Rawding, N. "ADR: Bermuda's International Conciliation and Arbitration Act 1993." Arbitration International 10, no. 1 (March 1, 1994): 99–110. http://dx.doi.org/10.1093/arbitration/10.1.99.

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Orlova, I. V. "ANALYSIS OF CERTAIN ARTICLES OF THE CODE OF CIVIL PROCEDURE OF THE RUSSIAN FEDERATION, THE ADMINISTRATIVE PROCEDURE CODE OF THE RUSSIAN FEDERATION AND THE ARBITRATION PROCEDURAL CODE OF THE RUSSIAN FEDERATION IN RELATION TO CONCILIATION PROCEDURES." Vestnik of Khabarovsk State University of Economics and Law, no. 1-2 (October 20, 2020): 151–55. http://dx.doi.org/10.38161/2618-9526-2020-1-2-15.

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O'Donovan, Patrick. "Claims for Oil Pollution Damage—Arbitration and Alternative Dispute Resolution." International Oil Spill Conference Proceedings 1991, no. 1 (March 1, 1991): 691–93. http://dx.doi.org/10.7901/2169-3358-1991-1-691.

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ABSTRACT It is clear that there is a role for arbitration and alternative dispute resolution in the context of oil pollution, as recognized by the arbitration provisions in the TOVALOP and CRISTAL agreements (compare the International Conventions which provide for court proceedings). An example is given of an arbitration under TOVALOP. The suitability of arbitration in the context of marine pollution disputes is analyzed and the main centers of existing maritime arbitration and conciliation are identified. Various international conventions provide for resolution of disputes by arbitration or some other form of alternative dispute resolution; these are noted and discussed.

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Yearbook of Islamic and Middle East, Editors. "Rules of Conciliation, Arbitration and Expertise of the Euro ― Arab Arbitration System." Yearbook of Islamic and Middle Eastern Law Online 4, no. 1 (1997): 497–516. http://dx.doi.org/10.1163/221129898x00369.

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Subbarao, A. V. "The Impact of the Two Dispute Resolution Processes in Negotiations." Relations industrielles 32, no. 2 (April 12, 2005): 216–33. http://dx.doi.org/10.7202/028784ar.

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Sanders, Pieter. "Private Parties and the Permanent Court of Arbitration." Leiden Journal of International Law 6, no. 2 (August 1993): 289–95. http://dx.doi.org/10.1017/s0922156500002697.

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As early as 1952 I launched the idea of enhancing the use of the PCA by making its arbitration facilities accessible for arbitration between states and private parties. A few years later I was requested by the Secretary-General, at that time, Prof. Francois, to draw up draft arbitration rules for this purpose. These rules, as elaborated by the International Bureau of the PCA, became the 1962 Rules of Arbitration and Conciliation for Settlement of International Disputes between Two Parties of Which Only One is a State, hereafter referred to as the 1962 Rules.

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Bapu, Venkatesam Maruvada. "Arbitration and Conciliation Recent Changes and Legal Recognition." Management Accountant Journal 55, no. 2 (February 29, 2020): 54. http://dx.doi.org/10.33516/maj.v55i2.54-57p.

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McDonagh, Maeve. "Dismissals and the Federal Conciliation and Arbitration System." Federal Law Review 18, no. 3 (September 1989): 153–77. http://dx.doi.org/10.1177/0067205x8901800303.

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Ziade, N. G. "References on the UNCITRAL Arbitration and Conciliation Rules." ICSID Review 5, no. 2 (September 1, 1990): 363–66. http://dx.doi.org/10.1093/icsidreview/5.2.363.

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Parra, Antonio R. "The 2022 Amendments of the Regulations and Rules of the International Centre for Settlement of Investment Disputes: Change and Continuity." Journal of World Investment & Trade 23, no. 5-6 (December 16, 2022): 717–36. http://dx.doi.org/10.1163/22119000-12340267.

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Abstract This article examines the amendments of the Regulations and Rules of the International Centre for Settlement of Investment Disputes (ICSID) recently approved by the Administrative Council of ICSID. The amendments are of all regulations and rules for proceedings that ICSID has long been authorized to administer – ICSID Convention and Additional Facility conciliation and arbitration and fact-finding proceedings. As part of the amendments, ICSID has also issued a new set of mediation rules. For context, the article briefly recalls previous amendments of the Regulations and Rules before discussing highlights of the newly amended Regulations and Rules. A concluding section points out that the amendments, which respond to many criticisms of investor-State arbitration under investment treaties (ISDS), will generally apply to all ICSID ISDS arbitrations initiated on or after the effective date of the amendments (1 July 2022).

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Bamodu, ’Gbenga. "Judicial Support for Arbitration in Nigeria: On Interpretation of Aspects of Nigeria's Arbitration and Conciliation Act." Journal of African Law 62, no. 2 (April 12, 2018): 255–79. http://dx.doi.org/10.1017/s0021855318000098.

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AbstractThe quality of judicial support and respect for the principle of minimum intervention are crucial factors in assessing whether a jurisdiction is attractive for arbitration. While there have been efforts to present Nigeria as an arbitration-friendly jurisdiction and an attractive arbitration venue, questions remain about the adequacy, effectiveness and certainty of legal rules concerning arbitration in Nigeria. There are also questions about the quality and efficiency of judicial support for arbitration in light of some judicial decisions affecting arbitration that have generated controversy. Through a careful analysis of key statutory provisions and judicial decisions, this article analyses support for arbitration in Nigeria in respect of selected topics, including party autonomy, upholding arbitration agreements (especially concerning the stay of judicial proceedings), the stay of arbitration proceedings and third party intervention. The article identifies scope for improvement in statutory and judicial approaches. It makes suggestions concerning both judicial approaches and reform of the statutory regimes.

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Neto, João Luiz Lessa, and Lilian Elizabeth Menezes Bertolani. "Audiências virtuais e a arbitragem em tempos de pandemia: perspectivas para o futuro." Revista Brasileira de Arbitragem 18, Issue 72 (December 1, 2021): 47–61. http://dx.doi.org/10.54648/rba2021043.

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The sanitary crisis and the necessity of social isolation impacted directly the arbitration practice, proceedings commenced to be conducted electronically, without the realization of in person acts. In this scenario, doubts and questions concerning the conduct of virtual hearings and the taking of oral evidence have risen. This paper examines this situation, indicating solutions found by the arbitration practice and presents the data of a research conducted with the users of the Chamber of Conciliation, Mediation and Arbitration Ciesp/Fiesp concerning their experience and impressions with virtual hearings in the year of 2020. Arbitration proceedings; virtual hearings; users’ experiences.

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Nariman, Fali S. "Application of the New York Convention in India." Journal of International Arbitration 25, Issue 6 (December 1, 2008): 893–98. http://dx.doi.org/10.54648/joia2008069.

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Forty–five independent states were represented at the Conference of Plenipotentiaries held in New York in June 1958 to conclude the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. India’s representative was elected as First Vice–President of the Conference. India was not only a party to the New York Convention but had been an active participant at the deliberations that led to the Convention. To give effect to the New York Convention (often described as “the most successful of all UN Conventions”) India’s Parliament enacted the Foreign Awards (Recognition and Enforcement) Act 1961; domestic arbitrations continued to be governed by the somewhat antiquated Indian Arbitration Act 1940. The 1961 Act, along with the 1940 Act, were later repealed and replaced by a new consolidated law applicable to both domestic and international arbitrations, the Arbitration and Conciliation Act 1996. This article examines how issues arising under statutory provisions implementing Article V of the New York Convention (Recognition and Enforcement of Foreign Awards) have been dealt with by courts in India.

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Nitschke, Frauke. "Amicable Investor-State Dispute Settlement at ICSID: Modernizing Conciliation and Introducing Mediation." BCDR International Arbitration Review 6, Issue 2 (December 1, 2019): 381–432. http://dx.doi.org/10.54648/bcdr2019010.

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The International Centre for Settlement of Investment Disputes (ICSID) has embarked on a comprehensive reform of its existing dispute settlement mechanism and also added a set of mediation rules to its service offerings. This article reviews the proposed amendments to the ICSID conciliation mechanism and ICSID’s proposed investment mediation framework. In relation to the proposed amendments to the ICSID conciliation mechanism, the article analyzes key differences and similarities between ICSID Convention arbitration and ICSID Convention conciliation, before providing an overview of the amendments proposed to the conciliation framework and offering some conclusions. Subsequently, the article reviews the background against which the ICSID Mediation Rules have been developed and sets out the key differences and similarities between ICSID’s existing conciliation process and the newly proposed mediation mechanism. The article then provides a comprehensive overview of the Mediation Rules before offering conclusions and a positive outlook for amicable investor-State Dispute Settlement.

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Stuart, Mark, and Miguel Martínez Lucio. "The New Benchmarking and Advisory State: The Role of the British Advisory, Conciliation and Arbitration Service in Facilitating Labour—Management Consultation in Public Sector Transformation." Journal of Industrial Relations 50, no. 5 (November 2008): 736–51. http://dx.doi.org/10.1177/0022185608096807.

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The aim of this article is to examine the changing role of the state in a more market-driven system of industrial relations, specifically in terms of the new roles that are being developed with regard to mediation, advisory and arbitration services. It focuses empirically on the role played by the British Advisory, Conciliation and Arbitration Service in facilitating the modernization of public sector employment relations. We show how the Advisory, Conciliation and Arbitration Service has played a `benchmarking' role that assists the development of more strategic forms of decision-making and cooperation in employment relations change, and identify the challenges of developing such an approach in the context of the shift towards a more decentralized and market-oriented system of public service delivery. In conclusion we assert that there is a new `advisory and benchmarking' state evolving based on a soft-market view of industrial relations, and that this mitigates (but is also in tension with) the harder market view within the state concerned with transforming the public sector.

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van Blankenstein, A. "Enforcement of an Arbitral Award against a State: with Whom are You Dealing?" Leiden Journal of International Law 6, no. 2 (August 1993): 357–74. http://dx.doi.org/10.1017/s0922156500002739.

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The effort to attract commercial arbitration to the Permanent Court of Arbitration [hereinafter PCA] in 1962 by introducing the Rules of Arbitration and Conciliation for Settlement of International Disputes between Two Parties of Which only One is a State [hereinafter the 1962 Rules], has met with little success. In other articles of this issue of the Leiden Journal of International Law the reasons for this failure are discussed. These articles also contain suggestions on how changes in the legal framework and the administration of the PCA may improve this situation.

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