How is Arbitration Law and Code of Civil Procedure related?
By Team Legistify / 2016-04-01
Arbitration is one of the Alternative Dispute Resolution processes recognised under the Indian Laws. Read about the Arbitration recognised in civil cases in India.

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The importance of Arbitration Law was in the case of Konkan Railway Corporation vs. Mehul Constructions Co That, “ to attract confidence of International Mercantile Community and the growing volume of India’s trade and commercial relationship with the rest of the World after the new Liberalization Policy of the Government, Indian Parliament was persuaded to enact Arbitration and Conciliation Act in 1996 (hereinafter the Act 1996) in UNCITRAL Model. The Arbitration Law endeavours to settle the dispute amicably by negotiating between the parties.”

Civil Procedure Code

“Civil Procedure” is the body of laws which concern the prescribed methods of resolving disputes through litigation. Civil trials can be used by anyone to enforce, redress or protect their legal rights through court orders and monetary awards. These procedures apply in the cases that do not fall under criminal Law domain and includes various kinds of Appeals like Property dispute cases, contract matters, Partition cases, Environment related cases, Rent control matters, educational institution cases, Service related cases, labour cases, intellectual property right related cases, debt recovery cases, Mines and Mining rights cases, wills and succession cases, Income tax appeals, Sales tax Appeals etc.

Civil Procedure includes many subtopics like jurisdiction & venue (describe particular country or geographical area in which a particular court with jurisdiction may hear and determine a case), pleadings & motions (formal documents includes plaintiff’s initial allegations and defendant’s responses to them) discovery (gather case-based information by documents and deposition i.e. written or oral interview of a party or witness by a lawyer).

Relevant provisions of Arbitration and Conciliation Act, 1996 Act

Arbitration is one of the Alternative Dispute Resolution processes recognised under the Indian Laws. Read about the Arbitration recognised in civil cases in India.

Have a Legal Issue?

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