Arbitration and Conciliation

Code of Civil Procedure 

Arbitration and Conciliation:

The arbitration and conciliation referred to in Section 89 must be those other than governed by the agreement of the parties which can be dealt with under the provisions of Arbitration and Conciliation Act 1996 (hereinafter called the Act 1996). In case the matters are referred to arbitration and conciliation under Section 89, procedure prescribed under the Act 1996 would apply. Section 5 of the Act 1996 provides for non-intervention by judiciary except as provided under Section 9 of the Act 1996 for grant of interim relief. Section 8 of the Act 1996 refers to the power of reference to arbitration. Section 19 of the Act 1996 provides for non-application of complicated rules of Code of Civil Procedure and Evidence Act. Section 61 of the Act 1996 deals with scope and application for conciliation. Section 70 of the Act 1996 puts an embargo not to disclose the information received by the conciliator from either of the parties. In case the proceedings before him fail, Section 81 of the Act 1996 provides that information or statements made by the parties or their agent during the proceedings of conciliation shall not be admissible in evidence.

Code of Civil Procedure 

CPC Section 89. Settlement of disputes outside the Court.

Order 10 Rule 1. Ascertainment whether allegations in pleadings are admitted or denied.

Order 10 Rule 1A. Direction of the court to opt for any one mode of alternative dispute resolution.

Order 10 Rule 1B. Appearance before the conciliatory forum or authority.

Order 10 Rule 1C. Appearance before the court consequent to the failure of efforts of conciliation.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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