10/11/2023 ADR

Topics Summary

Hemant Patil
GOVERNMENT LAW COLLEGE, MUMBAI (BATCH 2025)
Contents

Legal Services Act, 1987 ................................................................................... 2

Arbitration & Conciliation Act, 1996 ..................................................................... 6
Conciliation, Mediation, Negotiation & Arbitration ................................................ 12
Arbitrator ..................................................................................................... 14
Arbitration Procedure ...................................................................................... 15
Legal Writing (Article & Case Comment, Editing of a Law Journal) .......................... 17
Research for Public Interest Litigation ................................................................ 18
Law office Management ................................................................................... 20
Disclaimer ....................................................................................................... 22

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Legal Services Act, 1987
The Legal Services Authorities Act, 1987, abbreviated as the "LSA Act," is a pivotal
legislation in the realm of legal aid and access to justice in India. This act was enacted
with the primary objective of providing free legal services to the economically weaker
sections of society and to ensure that justice is not denied due to financial or other
constraints.
Background and Context:
1. Emergence of Legal Aid Movement: The need for legal aid arose from the
realization that justice was often inaccessible to those who couldn't afford legal
representation. This movement gained momentum globally in the mid-20th
century, and India was no exception.
2. Committees and Recommendations: Several committees were constituted to
examine and recommend measures for legal aid. The 14th Report of the Law
Commission in 1958 and the 76th Report in 1978 were instrumental in shaping the
legal aid policies in India.
3. PIL and Expanding Horizons: The advent of Public Interest Litigation (PIL) in
the 1980s brought a new dimension to the accessibility of justice. It allowed
individuals and organizations to file cases in the public interest, often on behalf of
marginalized or disadvantaged sections of society.
Salient Features:
1. Establishment of Legal Services Authorities: The Act established legal services
authorities at the national, state, and district levels. These authorities are entrusted
with the responsibility of providing free legal services to eligible beneficiaries.
2. Eligibility Criteria: It outlines the criteria for individuals who can avail of legal
aid. This includes not only the economically weaker sections but also other
marginalized groups like women, children, Scheduled Castes, Scheduled Tribes, and
victims of disasters or mass violence.
3. Services Covered: The Act covers a wide range of legal services, including advice,
representation, and assistance in legal proceedings.
4. Funding and Infrastructure: The Act provides for the allocation of funds by the
government for the effective functioning of legal services authorities. It also
emphasizes the need for infrastructure such as Legal Aid Clinics.
5. Role of the Judiciary: The judiciary plays an active role in the implementation of
the Act. Courts are obligated to make people aware of their right to free legal aid
and can even suo-motu grant legal aid.

Relevance to Modern Jurisprudence:

The LSA Act remains highly relevant in the contemporary legal landscape. In an era where
access to justice is a fundamental right enshrined in the Constitution, the Act serves as a
critical tool to ensure this right is meaningful for all citizens. It dovetails with the evolving
concept of social justice and inclusive legal practices.
Landmark Cases:
While not directly related to the LSA Act, landmark cases like Hussainara Khatoon v. State
of Bihar (1980) and People's Union for Democratic Rights v. Union of India (1982) played
a crucial role in shaping the legal aid jurisprudence in India.

Below is a detailed description of the key sections each delineating specific aspects and
provisions of the Act:
1. Section 2: Definitions:
o This section provides definitions for various terms used throughout the Act.
It clarifies terms like "appropriate authority," "court," "legal service," "legal
services authority," and others, ensuring precision in the interpretation of
the Act.

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2. Section 3: Establishment of Central Authority:
o This section establishes the National Legal Services Authority (NALSA) at
the national level. NALSA acts as the apex body for formulating policies and
principles for legal services, as well as for coordinating and supervising the
implementation of legal aid schemes across the country.
3. Section 4: Establishment of State Authorities:
o This section mandates the establishment of State Legal Services Authorities
(SLSAs) at the state level. These authorities are responsible for
implementing legal aid programs within their respective states.
4. Section 5: Composition of Central Authority and State Authorities:
o It outlines the composition of NALSA and SLSAs. The Chief Justice of India
is the Patron-in-Chief of NALSA, and the Chief Justice of each High Court is
the Patron-in-Chief of the respective SLSA.
5. Section 6: Appointment of Executive Chairman and other Members:
o This section details the appointment of the Executive Chairman and other
members of NALSA and SLSAs. It specifies that the Executive Chairman
should be a serving or retired Judge of the Supreme Court.
6. Section 7: Term of Office of Members:
o This section stipulates the term of office for members of NALSA and SLSAs,
as well as the conditions for reappointment.
7. Section 8: Functions of Central Authority and State Authorities:
o It enumerates the functions and powers of NALSA and SLSAs, which include
formulating policies, monitoring legal aid programs, and providing guidance
and assistance to legal services institutions.
8. Section 9: Committees of Central Authority and State Authorities:
o This section empowers NALSA and SLSAs to constitute committees for
specific purposes, such as for the efficient discharge of their functions.
9. Section 10: Functions of District Authorities:
o It establishes District Legal Services Authorities (DLSAs) at the district level
and outlines their functions. DLSAs are responsible for implementing legal
aid schemes within their respective districts.
10. Section 11: Composition of District Authorities:
o This section describes the composition of DLSAs, which include the District
Judge as the ex officio Chairman, and other members as specified in the
Act.
11. Section 12: Term of Office of Members:
o Similar to Section 7, this section outlines the term of office for members of
DLSAs.
12. Section 13: Functions of Committees:
o It grants DLSAs the authority to constitute committees for specific purposes,
akin to the provisions for NALSA and SLSAs.
13. Section 14: Persons Entitled to Legal Services:
o This section defines the categories of persons who are entitled to receive
legal services. It encompasses a broad spectrum, including members of
Scheduled Castes, Scheduled Tribes, women, children, and others.
14. Section 15: Taluk Legal Services Committees:
o This section provides for the establishment of Taluk Legal Services
Committees to extend legal services at the grassroots level, i.e., the taluk
level.
15. Section 16: Authority and Functions of Taluk Legal Services Committees:
o It delineates the authority and functions of Taluk Legal Services
Committees, emphasizing their role in making legal services accessible at
the local level.

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16. Section 17: Free Legal Services:
o This section mandates the provision of free legal services to eligible persons,
ensuring that financial incapacity does not hinder access to justice.
17. Section 18: Eligibility for Legal Services:
o It lays down the criteria for determining eligibility for legal services, which
include means test, social, educational, or other factors as deemed relevant.
18. Section 19: Persons Who May Not be Entitled to Legal Services:
o This section specifies categories of individuals who may not be entitled to
free legal services, such as those who have sufficient means to engage a
lawyer.
19. Section 20: Application for Legal Services:
o It outlines the process for applying for legal services, including the authority
to whom the application should be made.
20. Section 21: Function of Committees in Disposal of Cases:
o This section empowers the committees to decide whether a person is
entitled to legal services based on the application.
21. Section 22: Duty of Advocate to Render Legal Services:
o It places an obligation on every advocate to render legal services to persons
entitled under the Act, effectively integrating legal practitioners into the
legal aid framework.
22. Section 23: Payment of Fees to Advocates:
o This section deals with the remuneration payable to advocates for providing
legal services. It ensures that lawyers are compensated for their services in
legal aid cases.
23. Section 24: Conditions for Providing Legal Services:
o It specifies the conditions under which legal services may be provided,
emphasizing the importance of maintaining professional standards.
24. Section 25: Process for Selection of Lawyers:
o This section outlines the procedure for selecting lawyers for legal aid cases,
including maintaining a panel of advocates.
25. Section 26: Procedure for Providing Legal Services:
o It lays down the process and mechanism for delivering legal services to
eligible persons.
26. Section 27: Procedure for Providing Legal Services to Mentally Ill or
Disabled Persons:
o This section addresses the specific needs of mentally ill or disabled persons
in accessing legal services, ensuring their rights are protected.
27. Section 28: Legal Aid to Accused at State Expense in Certain Cases:
o It deals with the provision of legal aid at the expense of the state in cases
where the accused is not able to engage a lawyer.
28. Section 29: Legal Services Authorities to Act in Aid of Claimant:
o This section empowers legal services authorities to act in aid of a person
who claims to be entitled to legal services.
29. Section 30: Power of High Court to Make Rules:
o It grants High Courts the power to make rules for carrying out the provisions
of the Act.
30. Section 31: Power of State Government to Make Rules:
o This section confers the power to make rules upon the state government for
effective implementation of the Act.
31. Section 32: Protection of Action Taken in Good Faith:
o It provides immunity to individuals acting in good faith under the provisions
of this Act from legal proceedings.
32. Section 33: Power of Central Authority to Make Regulations:

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 o This section empowers NALSA to make regulations for the purpose of
carrying out its functions.
33. Section 34: Power of State Authority to Make Regulations:
o Similar to Section 33, it grants SLSAs the authority to make regulations for
the effective

The Legal Services Authorities Act, 1987 establishes various authorities to facilitate the
provision of legal aid and services in India. Here's an explanation of the functions of each
of these authorities:
1. National Legal Services Authority (NALSA):
o Function: NALSA is the apex body established at the national level. Its
primary function is to formulate policies and principles for the effective
implementation of legal services and programs throughout India. NALSA
also coordinates and supervises the activities of State Legal Services
Authorities (SLSAs) and other legal aid institutions.
2. State Legal Services Authority (SLSA):
o Function: SLSAs are established at the state level. They are responsible for
implementing legal aid programs within their respective states. SLSAs work
in coordination with NALSA to ensure that legal services are provided
effectively and efficiently at the state level.
3. District Legal Services Authority (DLSA):
o Function: DLSAs are established at the district level. Their main function is
to implement legal aid schemes within their respective districts. DLSAs play
a crucial role in making legal services accessible to individuals at the
grassroots level.
4. Taluk Legal Services Committee (TLSC):
o Function: TLSCs operate at the taluk or sub-district level. They are
responsible for extending legal services to individuals at the local level.
TLSCs play a critical role in ensuring that legal services are available even
in remote or less accessible areas.

Functions of the Authorities:

1. Formulation of Policies and Principles:
o NALSA is responsible for formulating policies and principles that guide the
implementation of legal services and aid programs at the national level.
2. Monitoring and Supervision:
o NALSA and SLSAs supervise and monitor the functioning of legal aid
institutions to ensure that services are provided efficiently and in accordance
with established guidelines.
3. Constitution of Committees:
o NALSA, SLSAs, and DLSAs have the authority to constitute committees for
specific purposes. These committees play a vital role in achieving the
objectives of legal aid and services.
4. Selection of Lawyers:
o The authorities are responsible for selecting lawyers who will provide legal
services to eligible individuals. This includes maintaining a panel of
advocates.
5. Making Legal Services Accessible:
o DLSAs and TLSCs have a critical role in making legal services accessible at
the district and taluk levels, respectively. They ensure that individuals in
various localities have access to legal aid.
6. Providing Free Legal Services:

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 oAll the authorities are responsible for providing free legal services to eligible
individuals. This is a core function aimed at ensuring that financial
constraints do not hinder access to justice.
7. Determining Eligibility for Legal Services:
o Committees within these authorities are responsible for deciding whether a
person is entitled to legal services based on their application and eligibility
criteria.
8. Protecting Action Taken in Good Faith:
o The Act provides immunity to individuals acting in good faith under its
provisions from legal proceedings. This ensures that those involved in
providing legal aid are protected when acting in the best interests of the
beneficiaries.

Arbitration & Conciliation Act, 1996

The Arbitration and Conciliation Act, 1996 is a significant piece of legislation in India that
was enacted to modernize and streamline the process of arbitration and conciliation in the
country. Here's an explanation of its background and purpose:

Background:
1. Pre-1996 Scenario:
o Prior to the enactment of this Act, arbitration proceedings in India were
governed by the Arbitration Act of 1940. This act was based on an outdated
colonial-era law and had several shortcomings.
2. International Influence:
o The need for a new arbitration law was driven by a desire to align Indian
arbitration practices with international standards. The United Nations
Commission on International Trade Law (UNCITRAL) Model Law on
International Commercial Arbitration, 1985, played a significant role in
influencing the new legislation.
3. Globalization and Trade:
o With the liberalization of the Indian economy in the 1990s, there was an
increased emphasis on international trade and investment. An efficient and
effective dispute resolution mechanism was crucial for attracting foreign
investments.

Purpose:
The primary purposes and objectives behind enacting the Arbitration and Conciliation Act,
1996 are as follows:
1. Promotion of Arbitration and Conciliation:
o The Act aims to promote and encourage the use of arbitration and
conciliation as a means of resolving disputes. It recognizes arbitration as an
efficient alternative to lengthy and costly litigation in courts.
2. Ensuring Fair and Efficient Process:
o The Act provides a framework that ensures a fair and efficient arbitration
process. It establishes guidelines for the conduct of arbitrations,
appointment of arbitrators, and enforcement of arbitral awards.
3. Minimizing Judicial Intervention:
o One of the key objectives of the Act is to minimize the intervention of courts
in the arbitration process. It restricts the scope of judicial review of arbitral
awards, thereby enhancing the finality and enforceability of such awards.
4. Adoption of International Best Practices:

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 o The Act incorporates several principles from international arbitration
conventions and the UNCITRAL Model Law. This aligns Indian arbitration
practices with globally accepted standards.
5. Facilitating Institutional Arbitration:
o The Act allows for the establishment of arbitration institutions and
recognizes the role of recognized arbitral institutions in the conduct of
arbitrations.
6. Enforcement of Awards:
o The Act provides for the effective enforcement of arbitral awards, both
domestic and foreign, through the Indian legal system.

Here is an overview of the sections in the Act:

Part I: Arbitration
Section 1: Short Title, Extent, and Commencement
Provides the title, territorial applicability, and commencement date of the Act.
Section 2: Definitions
Defines key terms used throughout the Act, including "arbitration agreement,"
"arbitral tribunal," "award," and others.
Section 3: Receipt of written communications
Establishes the means of communication between parties in an arbitration
proceeding.
Section 4: Waiver of right to object
Deals with the circumstances under which a party may waive its right to object
to certain aspects of arbitration proceedings.
Section 5: Extent of judicial intervention
Outlines the extent to which courts can intervene in the arbitration process.

Part II: Arbitration Agreement

Section 6: Definition - Further defines "arbitration agreement."
Section 7: Arbitration agreement - Specifies the requirements for a valid arbitration
agreement.
Section 8: Power to refer parties to arbitration where there is an arbitration agreement
Deals with the power of the court to refer parties to arbitration when there is
an arbitration agreement.
Section 9: Interim measures, etc. by Court - Allows a party to seek interim measures
from a court before or during arbitration proceedings.

Part III: Composition of Arbitral Tribunal

Section 10: Number of arbitrators - Specifies the number of arbitrators in an
arbitration proceeding.
Section 11: Appointment of arbitrators - Deals with the procedure for appointing
arbitrators, including instances where parties fail to agree on an arbitrator.
Section 12: Grounds for challenge - Provides grounds for challenging the appointment
of an arbitrator.
Section 13: Challenge procedure - Details the procedure for challenging an arbitrator.
Section 14: Failure or impossibility to act - Addresses situations where an arbitrator
is unable to perform their duties.
Section 15: Termination of mandate and substitution of arbitrator - Covers the
termination of an arbitrator's mandate and the substitution of a new arbitrator.

Part IV: Jurisdiction of Arbitral Tribunals

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 Section 16: Competence of arbitral tribunal to rule on its jurisdiction - Addresses the
tribunal's authority to determine its own jurisdiction.
Section 17: Interim measures ordered by arbitral tribunal - Allows the arbitral tribunal
to grant interim measures.
Section 18: Equal treatment of parties - Requires the tribunal to treat the parties
fairly and equally.

Part V: Conduct of Arbitral Proceedings

Section 19: Determination of rules of procedure - Provides guidance on how the
arbitral tribunal should determine procedural rules.
Section 20: Place of arbitration - Specifies the location of the arbitration proceedings.
Section 21: Commencement of arbitral proceedings - Outlines the commencement
process of arbitration.
Section 22: Language - Addresses the language(s) used in the arbitration
proceedings.
Section 23: Statement of claim and defence - Describes the content and submission
of the statement of claim and defence.
Section 24: Hearings and written proceedings - Addresses the conduct of hearings
and the use of written submissions.
Section 25: Default of a party - Deals with situations where a party fails to participate
in the arbitration proceedings.
Section 26: Expert appointed by arbitral tribunal - Allows the tribunal to appoint an
expert to assist with technical matters.

Part VI: Making of Arbitral Award and Termination of Proceedings

Section 27: Decisions making of arbitral tribunal - Outlines the process of decision-
making by the arbitral tribunal.
Section 28: Rules applicable to substance of dispute - Specifies the rules that the
tribunal should apply in deciding the substance of the dispute.
Section 29: Form and contents of arbitral award - Describes the form and content
requirements for an arbitral award.
Section 30: Settlement - Addresses the possibility of settlement during arbitral
proceedings.
Section 31: Termination of proceedings - Covers the termination of the arbitration
proceedings.

Part VII: Recourse Against Arbitral Award

Section 32: Challenge to arbitral award - Provides grounds and procedure for
challenging an arbitral award.
Section 33: Correction and interpretation of arbitral award; additional award - Allows
for corrections, interpretations, and additional awards.

Part VIII: Finality and Enforcement of Arbitral Awards

Section 34: Application for setting aside arbitral award - Outlines the grounds and
procedure for setting aside an arbitral award.
Section 35: Finality of arbitral awards - Establishes the finality of arbitral awards.
Section 36: Enforcement - Addresses the enforcement of arbitral awards.

Part IX: Other Provisions

Section 37: Appealable orders - Specifies orders that can be appealed.
Section 38: Deposits - Addresses the deposit of costs for the arbitration.
Section 39: Power to make regulations - Grants power to make regulations for the
effective functioning of arbitration.

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Part X: Conciliation
Section 40: Application and scope - Applies the provisions of the Act to conciliation
proceedings.
Section 41: Commencement of conciliation proceedings - Describes the
commencement process for conciliation.
Section 42: Role of conciliator - Outlines the duties and role of the conciliator.
Section 43: Communication between conciliator and parties - Addresses
communication between the conciliator and the parties.
Section 44: Disclosure of information - Deals with the disclosure of information in
conciliation proceedings.
Section 45: Co-operation of parties with conciliator - Requires parties to cooperate
with the conciliator.
Section 46: Making of request for settlement - Allows parties to request a settlement.
Section 47: Settlement agreement - Specifies the content and form of a settlement
agreement.
Section 48: Confidentiality - Addresses the confidentiality of conciliation proceedings.
Section 49: Termination of conciliation proceedings - Covers the termination of
conciliation proceedings.

Part XI: Supplementary Provisions

Section 50: Power of court to refer parties to arbitration where there is an arbitration
agreement - Provides for court referral to arbitration in certain cases.
Section 51: Interim measures, etc. by Court - Allows a party to seek

There are several significant case laws related to the Arbitration and Conciliation Act, 1996
in India. These landmark cases have played a crucial role in shaping the interpretation and
application of the Act. Here are a few noteworthy ones:

1. Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc. (2012):

o This landmark Supreme Court case clarified the scope and extent of judicial
intervention in arbitration proceedings. It established the principle of
minimal interference by courts in arbitration matters.
2. ONGC Ltd. v. Western Geco International Ltd. (2014):
o In this case, the Supreme Court clarified the law regarding the seat and
venue of arbitration, emphasizing that the choice of seat is significant in
determining which country's laws would apply.
3. National Insurance Company Ltd. v. Boghara Polyfab Pvt. Ltd. (2009):
o This case dealt with the issue of arbitrability of disputes. It established that
only disputes that are capable of being decided by a court of law can be
referred to arbitration.
4. Enercon (India) Ltd. & Ors. v. Enercon GMBH & Anr. (2014):
o The Supreme Court clarified the position of anti-arbitration injunctions,
emphasizing that courts should exercise restraint and not interfere in
arbitration proceedings.
5. Sundaram Finance Ltd. v. NEPC India Ltd. (1999):
o This case provided clarity on the appointment of arbitrators by the Chief
Justice of a High Court under Section 11 of the Act.
6. BCCI v. Kochi Cricket Pvt. Ltd. (2018):
o In this case, the Supreme Court dealt with issues related to arbitration
clauses in contracts and reiterated the importance of adhering to such
clauses.
7. SsangYong Engineering & Construction Co. Ltd. v. National Highway
Authority of India (NHAI) (2019):

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 oThe Supreme Court clarified the principle of "composite reference" under
Section 7(5) of the Act, allowing for disputes arising from separate contracts
to be referred to a single arbitration.
8. M/S. Dozco India Pvt. Ltd. v. M/S. Doosan Infracore Co. Ltd. (2011):
o This case dealt with the enforcement of foreign awards in India and provided
important guidance on the conditions under which a foreign award can be
refused enforcement.

Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc. (2012) is a

landmark decision by the Supreme Court of India that significantly clarified the law
regarding judicial intervention in arbitration proceedings. Here are the details:

Key Issues:
The key issues in this case revolved around the extent of judicial intervention in arbitration
proceedings, particularly regarding the appointment of arbitrators and the scope of their
powers.

Background:
 Bharat Aluminium Co. (BALCO) and Kaiser Aluminium Technical Services Inc.
(Kaiser) entered into an agreement that contained an arbitration clause.
 Disputes arose, and Kaiser initiated arbitration proceedings.

Plaintiff's Arguments:
1. Appointment of Arbitrators: Kaiser argued that under the agreement, it had the
right to appoint a sole arbitrator, and that the Chief Justice's power under Section
11 of the Arbitration and Conciliation Act, 1996 did not apply.
2. Scope of Arbitrator's Powers: Kaiser contended that the arbitrator had the
power to decide on issues such as the validity of termination of the agreement.

Defendant's Arguments:
1. Appointment of Arbitrators: BALCO argued that since the agreement provided
for a three-member arbitration tribunal, the appointment should be made by the
Chief Justice under Section 11.
2. Scope of Arbitrator's Powers: BALCO contended that the arbitrator did not have
the authority to decide on certain issues, as they were outside the scope of the
arbitration clause.

Judgement:
The Supreme Court, in a landmark decision, held the following:
1. Appointment of Arbitrators:
o The Court clarified that even in cases where parties have agreed on a
specific procedure for appointment of arbitrators, the power of the Chief
Justice to appoint arbitrators under Section 11 is not excluded. The Court
retains the authority to appoint arbitrators, if necessary.
2. Scope of Arbitrator's Powers:
o The Court emphasized that arbitrators have the authority to rule on their
own jurisdiction ("kompetenz-kompetenz") and that courts should only
intervene in exceptional circumstances.
Significance:
This judgement clarified and reinforced the principle of minimal judicial intervention in
arbitration proceedings. It underscored the importance of upholding the autonomy and
authority of the arbitral tribunal in deciding the dispute. This case remains a cornerstone
in Indian arbitration jurisprudence and has been cited in numerous subsequent cases to
guide the approach to arbitration proceedings and the role of courts in such matters.

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The Enforcement of foreign awards in India is governed by the Arbitration and Conciliation
Act, 1996. This Act incorporates the provisions of the New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards, 1958, and the Geneva Convention
on the Execution of Foreign Arbitral Awards, 1927.

1. New York Convention Awards:

The New York Convention is an international treaty that facilitates the recognition and
enforcement of foreign arbitral awards. India is a signatory to this convention, and it was
implemented through the Arbitration and Conciliation Act, 1996.

Under the New York Convention, a foreign award is generally binding and enforceable in
India, subject to certain limited exceptions. These exceptions include situations where the
dispute isn't arbitrable, where due process wasn't followed, or if the award deals with a
subject matter that can't be resolved through arbitration in India.

Relevant Act Reference: Section 44 of the Arbitration and Conciliation Act, 1996.

Landmark Case: The case of Bhatia International v. Bulk Trading SA (2002) held that
Part I of the Act (which deals with the domestic arbitration) would also apply to foreign-
seated arbitrations unless the parties expressly or impliedly exclude it.

However, this decision was overruled by the Supreme Court in the case of BALCO v. Kaiser
(2012) where it was held that Part I of the Act would not apply to foreign-seated
arbitrations.

2. Geneva Convention Awards:

The Geneva Convention on the Execution of Foreign Arbitral Awards, 1927, is another
international treaty that governs the enforcement of foreign awards. While India is a party
to this convention, it is generally regarded as having been superseded by the New York
Convention.

However, there are situations where the Geneva Convention might still be relevant,
especially in cases involving countries that are not parties to the New York Convention.

Relevant Act Reference: Though the Geneva Convention itself is not directly
incorporated into Indian law, it may be referred to in certain cases involving non-New York
Convention countries.

Let's delve into the nuances of the New York Convention and the Geneva Convention with
respect to the enforcement of foreign arbitral awards:

1. New York Convention:

o Definition: The New York Convention, formally known as the United
Nations Convention on the Recognition and Enforcement of Foreign Arbitral
Awards, is an international treaty aimed at facilitating the recognition and
enforcement of foreign arbitral awards.
o Scope: It applies to the recognition and enforcement of arbitral awards
made in the territory of a State other than the State where the enforcement
of the award is sought. It covers both commercial and non-commercial
awards.
o Grounds for Refusal: The Convention provides limited grounds for refusal
of enforcement. These include:
 If the party against whom the award is invoked can prove that the
subject matter is not capable of settlement by arbitration under the
law of that country.

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  If due process was not followed during the arbitration proceedings.
 If the award deals with a matter not falling within the scope of the
arbitration agreement.
 If the award has been set aside or suspended by a competent
authority of the country in which, or under the law of which, the
award was made.
o Exclusions: The New York Convention does not apply to matters considered
non-arbitrable under the law of the enforcing country.
o Relevant Act Reference: In India, the New York Convention is
incorporated into the Arbitration and Conciliation Act, 1996, specifically
under Section 44.
o Landmark Case: The case of BALCO v. Kaiser (2012) clarified the
application of the New York Convention in India. It held that Part I of the
Arbitration and Conciliation Act, 1996, does not apply to foreign-seated
arbitrations.
2. Geneva Convention:
o Definition: The Geneva Convention on the Execution of Foreign Arbitral
Awards, 1927, is an earlier international treaty aimed at the enforcement of
foreign arbitral awards.
o Scope: The Geneva Convention primarily applies to arbitral awards made
in the territory of a contracting state, which are sought to be enforced in
another contracting state. However, it is generally considered to have been
superseded by the New York Convention.
o Relevance Today: While the Geneva Convention is still applicable in cases
involving countries that are not parties to the New York Convention, it is
rarely invoked in modern international arbitration practice due to the
widespread acceptance of the New York Convention.
o Exclusions: The Geneva Convention, similar to the New York Convention,
does not apply to matters that are non-arbitrable under the law of the
enforcing country.

Conciliation, Mediation, Negotiation & Arbitration

Here is a comparative table highlighting the key differences between Conciliation,
Mediation, Negotiation and Arbitration under the Arbitration and Conciliation Act, 1996:

Aspect Conciliation Mediation Negotiation Arbitration

A formal,
A non-binding, binding
A voluntary
informal process process where
A voluntary process process where
where a third a neutral third
where a neutral third parties engage
party party
party (mediator) in discussions to
(conciliator) (arbitrator)
Definition helps parties reach an
assists parties in renders a
communicate, agreement
reaching a decision based
negotiate, and find a without third-
mutually on evidence
resolution. party
acceptable and arguments
intervention.
settlement. presented by
parties.
The conciliator The mediator No third-party The arbitrator
actively facilitates intervention. acts as a
Role of Third
participates in communication and Parties judge, making
Party
discussions, negotiation but does themselves a binding
suggesting not suggest engage in decision after

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Aspect Conciliation Mediation Negotiation Arbitration
solutions and solutions or make discussions and considering
helping parties decisions. negotiations. evidence and
find common arguments
ground. from both
parties.
The conciliator
The arbitrator
has no decision- The mediator has no
Parties have full has decision-
making power. decision-making
decision- making power
They assist power. They
Decision making power and renders a
parties in facilitate
Making Power and reach an binding award
reaching a communication but
agreement that is
mutually do not impose a
voluntarily. enforceable by
acceptable resolution.
law.
settlement.
Formal process
with defined
Less formal than Informal
Informal and flexible procedures,
arbitration, but process with no
Formality process with no strict including the
more structured formal rules or
procedural rules. presentation of
than mediation. procedures.
evidence and
arguments.
Binding
Non-binding process.
Non-binding Non-binding
process. Parties Parties are
process. Parties process. Parties are
Binding are not legally
are not bound by not bound by the
Nature obligated to obligated to
the conciliator's mediator's
reach an abide by the
suggestions. recommendations.
agreement. arbitrator's
decision.
Confidentiality is
Arbitration
a key aspect of Confidentiality is a Negotiations
proceedings
conciliation. fundamental can be
can be
Statements principle of confidential if
confidential if
made during mediation. Mediators parties agree,
Confidentiality parties agree,
conciliation are prohibited from but there are no
but the final
cannot be used disclosing strict
award is
as evidence in information without confidentiality
typically not
later consent. rules.
confidential.
proceedings.
The outcome of The arbitration
The outcome of
The outcome of negotiation is award is
conciliation is
mediation is not not binding. binding and
not binding.
binding. Parties can Parties can enforceable in
Parties can
choose to proceed to choose to court. It can be
Enforceability choose to
arbitration or formalize an challenged
proceed to
litigation if no agreement only on limited
arbitration if no
resolution is through other grounds
settlement is
achieved. means if specified in the
reached.
desired. Act.
Typically, faster Usually faster than Negotiation The duration of
than arbitration arbitration or duration arbitration can
Timeframe
or litigation, but litigation, but depends on vary widely
may vary duration depends on parties' depending on

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Aspect Conciliation Mediation Negotiation Arbitration
depending on the complexity of the willingness to the complexity
the complexity issues and the engage and of the case and
of the dispute parties' willingness reach an the procedural
and willingness to negotiate. agreement. rules agreed
of parties to upon by the
cooperate. parties.
Costs can vary
Usually, the depending on
Generally, less least expensive the complexity
expensive than Often less expensive method as it of the case,
arbitration or than arbitration or does not involve choice of
Cost
litigation due to litigation due to its third-party arbitrators,
its informal informal process. intervention or and procedural
nature. formal decisions
processes. made by the
parties.

Arbitrator
The provisions related to arbitrators in the Arbitration and Conciliation Act, 1996 are
primarily defined in Sections 10 to 15 of the Act. These sections outline the key aspects
pertaining to the appointment, qualification, and authority of arbitrators. Here is a brief
overview of each relevant section:
1. Section 10 - Number of Arbitrators:
o This section deals with the number of arbitrators in an arbitration
proceeding.
o It states that the parties are free to determine the number of arbitrators,
but it must be an odd number.
o If the parties do not agree on the number, it defaults to a single arbitrator.
2. Section 11 - Appointment of Arbitrators:
o Section 11 governs the procedure for the appointment of arbitrators.
o It provides for the appointment of arbitrators by the Chief Justice or any
person or institution designated by him.
o It also allows parties to challenge the appointment if there are justifiable
doubts about the arbitrator's impartiality or independence.
3. Section 12 - Grounds for Challenge:
o This section sets out the circumstances under which an arbitrator can be
challenged.
o It includes situations where there are doubts about the arbitrator's
independence or impartiality, or if the arbitrator does not possess the
qualifications agreed upon by the parties.
4. Section 13 - Challenge Procedure:
o Section 13 outlines the procedure for raising challenges against an
arbitrator.
o It states that challenges should be made within 15 days from the date the
circumstances giving rise to the challenge become known.
5. Section 14 - Failure or Incapacity of Arbitrator:
o This section addresses situations where an arbitrator is unable to perform
their functions or fails to act without undue delay.
o It allows for the substitution of the arbitrator, and the procedure is similar
to the appointment of the original arbitrator.
6. Section 15 - Termination of Mandate and Substitution of Arbitrator:

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 o Section 15 deals with the termination of an arbitrator's mandate and the
substitution of an arbitrator in certain circumstances.
o It includes situations where the arbitrator withdraws or the parties agree to
the termination of the mandate.

Qualifications of an Arbitrator:
1. General Qualifications:
o An arbitrator must be a person of sound mind and legal capacity.
2. Specific Qualifications:
o There are no specific educational or professional qualifications prescribed by
the Act. However, the parties are free to agree on any qualifications they
consider necessary.
3. Impartiality and Independence:
o An arbitrator must be impartial and independent. This means they should
have no bias towards any of the parties and should not have any financial
or personal interest in the outcome of the arbitration.

Grounds for Removal of an Arbitrator:

1. Lack of Impartiality or Independence (Section 12):
o An arbitrator can be removed if circumstances exist that give rise to
justifiable doubts as to their impartiality or independence.
2. Failure or Incapacity to Act (Section 14):
o If an arbitrator fails to act or is incapable of performing their functions
without undue delay, they can be removed.
3. Challenging the Appointment (Section 13):
o A party may challenge the appointment of an arbitrator if circumstances
exist that give rise to justifiable doubts regarding the arbitrator's impartiality
or independence.
4. Termination of Mandate (Section 15):
o If an arbitrator withdraws from their office, or if the parties agree to the
termination of the arbitrator's mandate, a substitute arbitrator may be
appointed.
5. Failure to Disclose (Section 12):
o If an arbitrator fails to disclose circumstances that may raise doubts about
their impartiality or independence, they may be removed.
6. Failure to Qualify (Section 10):
o If an arbitrator does not possess the qualifications agreed upon by the
parties, they may be removed.
7. Other Circumstances by Agreement (Section 11):
o Parties are free to agree on the procedure for challenging the appointment
of an arbitrator or for their removal.

Arbitration Procedure
The Arbitration and Conciliation Act, 1996, provides a comprehensive framework for the
procedural aspects of arbitration in India. Here are the key procedural aspects outlined in
the Act:
1. Arbitration Agreement (Section 7):
o Parties must have a valid arbitration agreement. This is an agreement
between the parties to submit their disputes to arbitration.
2. Commencement of Arbitral Proceedings (Section 21):
o Arbitral proceedings commence on the date when a request for arbitration
is received by the respondent.
3. Appointment of Arbitrators (Sections 10, 11):

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 o The Act provides for the appointment of arbitrators. It allows parties to
agree on the number of arbitrators, and if they can't agree, it defaults to a
single arbitrator appointed by the Chief Justice or a person or institution
designated by them.
4. Impartiality and Independence of Arbitrators (Section 12):
o Arbitrators must be impartial and independent. They should have no bias
towards any party and should not have any financial or personal interest in
the outcome of the arbitration.
5. Arbitrator's Statement of Independence and Impartiality (Section 12):
o An arbitrator is required to make a declaration of their independence and
impartiality at the time of appointment.
6. Challenging the Appointment of Arbitrators (Section 13):
o Parties can challenge the appointment of an arbitrator if there are justifiable
doubts about their impartiality or independence.
7. Conduct of Arbitral Proceedings (Section 19):
o The parties have the right to be heard, to present evidence, and to cross-
examine witnesses.
8. Place of Arbitration (Section 20):
o The parties are free to agree on the place of arbitration. If no agreement is
reached, the arbitral tribunal will determine the place.
9. Language of Arbitration (Section 22):
o The parties are free to agree on the language(s) to be used in the arbitration
proceedings. If no agreement is reached, the arbitral tribunal will determine
the language.
10. Interim Measures by Arbitral Tribunal (Section 17):
o The arbitral tribunal has the power to grant interim measures to safeguard
the rights of the parties, such as injunctions or orders to preserve evidence.
11. Substitution of Arbitrator (Section 14):
o In case of the failure or incapacity of an arbitrator to act, a substitute
arbitrator may be appointed.
12. Termination of Arbitral Proceedings (Section 32):
o The arbitral proceedings are terminated when the final award is made or
when parties agree to the termination.
13. Making of Award (Section 31):
o The arbitral tribunal is required to make a final award, resolving the disputes
submitted to arbitration.
14. Form and Contents of Award (Section 31):
o The award must be in writing, signed by the arbitrator, and state the reasons
upon which it is based.
15. Correction and Interpretation of Awards (Section 33):
o Within 30 days of receipt of the award, a party can request the arbitral
tribunal to correct any errors or provide interpretations.
16. Setting Aside an Award (Section 34):
o An award can be set aside by the court under certain grounds, such as
incapacity of a party or procedural irregularities.
17. Enforcement of Award (Chapter I of Part II):
o Once an award becomes final, it can be enforced in a court of law like a
decree.

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Legal Writing (Article & Case Comment, Editing of a Law Journal)
Legal writing, which encompasses activities like drafting articles, case comments, and
editing law journals, requires precision, clarity, and adherence to established legal norms.
Here are the essentials for each:

Article Writing:
1. Title and Introduction:
o Title: Should be clear, concise, and indicative of the content.
o Introduction: Should provide an overview of the topic, its relevance, and
the scope of the article.
2. Clear Structure:
o Sections and Subsections: Organize the content into logical sections with
clear headings.
o Transitions: Use transitional phrases to guide the reader through the
content.
3. Research and Citations:
o Thorough Research: Ensure all statements of fact, law, and analysis are
well-researched and accurate.
o Citations: Properly cite statutes, case laws, regulations, and secondary
sources following the appropriate citation style.
4. Analysis and Argumentation:
o Legal Analysis: Analyze legal principles, doctrines, and their applications.
o Argumentation: Present persuasive arguments supported by legal
authority.
5. Clarity and Simplicity:
o Plain Language: Avoid unnecessary legal jargon and complex sentences.
Aim for clarity and simplicity without sacrificing legal accuracy.
6. Case Illustration:
o Case Examples: Use relevant case examples to illustrate legal principles
and support your arguments.
7. Conclusion:
o Summarize Key Points: Provide a concise summary of the main
arguments and conclusions drawn from the analysis.
8. Bibliography or References:
o Include a list of all sources cited in the article.
Case Comment:
1. Introduction:
o Case Title and Citation: Clearly state the name of the case and its citation.
2. Facts of the Case:
o Summarize the key facts of the case in a concise and accurate manner.
3. Issue(s):
o Identify the legal issue(s) that the case addresses.
4. Legal Analysis:
o Analyze the court's reasoning, legal principles applied, and the significance
of the decision.
5. Critical Evaluation:
o Provide a critical assessment of the decision, considering its implications
and potential future impact.
6. Comparison and Contrast:
o Compare the case with relevant precedents or legal principles.
7. Conclusion:
o Summarize the main points and the case's broader legal significance.
Editing of a Law Journal:

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 1. Proofreading and Grammar:
o Ensure proper grammar, spelling, and punctuation throughout the text.
2. Consistency:
o Maintain consistent formatting, citation style, and writing style.
3. Substantive Editing:
o Review content for clarity, coherence, and logical flow. Ensure arguments
are well-structured.
4. Fact-Checking and Citations:
o Verify the accuracy of facts and citations to maintain the journal's credibility.
5. Formatting and Layout:
o Ensure that the journal adheres to the established formatting guidelines.
6. Reviewing Citations:
o Confirm that all citations are accurate and in the correct format.
7. Checking Compliance with Style Guide:
o Ensure adherence to the specific style guide or manual of the journal.
8. Cross-Checking Footnotes and Endnotes:
o Verify that all footnotes or endnotes correspond correctly with the main text.
9. Final Proofreading:
o Perform a final proofread to catch any remaining errors.
Remember, effective legal writing is not only about communicating complex legal concepts
but also about making them accessible and understandable to the reader. Additionally,
thorough research and attention to detail are paramount in producing high-quality legal
content.

Research for Public Interest Litigation

Public Interest Litigation (PIL) involves legal action initiated by individuals or organizations
on behalf of the public or a group of individuals who may not have the means to approach
the court directly. Here are the detailed aspects of research for Public Interest Litigation:
1. Identifying the Issue:
 Thorough Understanding:
o Begin by gaining a comprehensive understanding of the issue you intend to
address through the PIL. This may involve social, environmental, or legal
concerns.
 Legal Relevance:
o Analyze whether the issue falls within the purview of the legal system and
whether there are precedents or laws that can be invoked.
 Impact Assessment:
o Evaluate the potential impact of the issue on the public or a particular
community. This is a crucial aspect of determining the public interest
element.
2. Legal Framework:
 Statutory and Case Law:
o Research the relevant statutes, case laws, and legal principles that pertain
to the issue. This forms the legal basis for your PIL.
 Constitutional Provisions:
o Consider any constitutional provisions that may be invoked to support your
case, especially fundamental rights or directive principles.
3. Precedents and Case Studies:
 Analogous Cases:
o Look for cases similar to the one you intend to file. Analyze how those cases
were argued and decided.
 Successful PILs:

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 o Study successful PILs that have addressed similar issues to understand the
legal strategies employed.
4. Empirical Data and Evidence:
 Gathering Data:
o Collect empirical data, statistics, and reports relevant to the issue. This data
can help substantiate your arguments.
 Expert Opinions:
o Seek opinions or affidavits from experts in the field who can provide factual
information or technical expertise.
5. Identifying Stakeholders:
 Affected Parties:
o Identify the individuals, communities, or groups who are directly affected
by the issue. They may be potential petitioners or beneficiaries of the PIL.
 Opposing Parties:
o Consider any parties or entities that may oppose your PIL and anticipate
their arguments.
6. Jurisdiction and Venue:
 Determining the Court:
o Decide which court, such as the High Court or the Supreme Court, has the
appropriate jurisdiction to hear your PIL.
 Venue and Bench:
o Identify the specific bench or division within the court that handles cases of
this nature.
7. Drafting the PIL Petition:
 Clear and Concise Language:
o Draft the petition using clear and concise language. Avoid legal jargon that
may not be easily understood by the public.
 Detailed Facts and Arguments:
o Provide a detailed account of the facts, supported by legal arguments,
statutes, and precedents.
8. Public Interest Element:
 Establishing Public Interest:
o Clearly articulate how the issue affects the public at large and why it is in
the public interest to address it.
 Beneficiaries of the PIL:
o Specify who stands to benefit from the relief sought in the PIL.
9. Filing Procedures and Timelines:
 Compliance with Court Rules:
o Ensure that the PIL petition adheres to the specific procedural rules and
guidelines set by the court.
 Statute of Limitations:
o Be aware of any statutes of limitations that may apply to your case.
10. Advocacy and Representation:
 Legal Representation:
o Consider whether you will represent yourself or engage a lawyer to present
the PIL in court.
 Advocacy Strategies:
o Develop a clear strategy for presenting your case, including oral arguments,
witness testimonies, and evidence presentation.
11. Public Awareness and Mobilization:
 Media and Outreach:
o Utilize various forms of media and outreach to raise awareness about the
issue and garner public support.

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  Collaboration with NGOs and Activists:
o Collaborate with non-governmental organizations, activists, and other
stakeholders who may be able to contribute resources or expertise.
12. Monitoring and Follow-up:
 Track Progress:
o Monitor the progress of your PIL and be prepared to provide updates or
additional information as required by the court.
 Compliance and Enforcement:
o Ensure that any orders or directions issued by the court are complied with
and enforced.
Remember, PILs serve the broader public interest and require careful research, thorough
preparation, and effective advocacy to be successful. It's important to approach each step
with diligence and a commitment to the public welfare.

Law office Management

Law office management involves the organization, administration, and coordination of
activities within a legal practice to ensure efficient operations and high-quality legal
services. Here are the essentials and nuances of law office management:
Essentials of Law Office Management:
1. Strategic Planning:
o Mission and Vision:
 Define the mission and vision of the law firm, outlining its long-term
goals and values.
o Business Plan:
 Develop a comprehensive business plan that includes financial
projections, target markets, and growth strategies.
2. Administrative Infrastructure:
o Physical Space and Technology:
 Arrange and maintain an efficient office space equipped with
necessary technology, software, and equipment.
o Document Management:
 Implement a system for organizing and storing legal documents
securely and efficiently.
o Case Management Software:
 Utilize specialized software for tracking case progress, deadlines, and
client communication.
3. Financial Management:
o Budgeting and Accounting:
 Create and manage budgets, track expenses, and maintain accurate
accounting records.
o Billing and Invoicing:
 Develop clear billing practices, including fee structures and invoicing
procedures.
o Cash Flow Management:
 Monitor and manage cash flow to ensure the firm's financial stability.
4. Client Relations:
o Client Communication:
 Establish effective communication channels to keep clients informed
about their cases.
o Client Intake Process:
 Develop a standardized process for onboarding new clients, including
conflict checks and engagement letters.
o Client Feedback and Satisfaction:

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  Seek feedback from clients to assess satisfaction levels and make
improvements.
5. Human Resources and Staffing:
o Recruitment and Hiring:
 Attract and hire qualified legal professionals, support staff, and
administrative personnel.
o Training and Professional Development:
 Provide ongoing training and opportunities for skill development for
all members of the team.
o Performance Evaluation:
 Implement a performance evaluation system to assess individual and
team performance.
6. Ethics and Compliance:
o Compliance with Ethical Standards:
 Ensure that all legal professionals adhere to ethical guidelines and
professional conduct rules.
o Risk Management:
 Develop policies to identify and mitigate potential risks associated
with legal practice.
Nuances of Law Office Management:
1. Customized Approach:
o Recognize that each law firm has unique needs and may require tailored
management strategies based on practice areas, size, and client base.
2. Adaptability to Technology:
o Stay updated with legal technology trends and incorporate software
solutions for tasks like legal research, case management, and document
automation.
3. Client-Centric Focus:
o Prioritize client satisfaction and build strong client relationships to foster
trust and loyalty.
4. Time Management:
o Efficiently allocate time and resources to balance client work, administrative
tasks, and professional development.
5. Professional Development and Networking:
o Encourage legal professionals to engage in continuing education, attend
seminars, and network with peers to stay current with legal trends and build
professional relationships.
6. Crisis Management:
o Develop protocols for handling unexpected situations or crises that may
arise in legal practice.
7. Innovation and Growth:
o Foster a culture of innovation to explore new practice areas, service
offerings, or ways of delivering legal services.
8. Compliance with Regulatory Changes:
o Stay informed about changes in legal regulations, compliance requirements,
and ethical standards that may impact the firm's operations.
9. Client Confidentiality and Data Security:
o Implement robust security measures to protect client information and
maintain strict confidentiality.
Remember, effective law office management is essential for the success and sustainability
of a legal practice. It requires a combination of strategic planning, administrative efficiency,
client-centric focus, and adherence to ethical and professional standards. Additionally,

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being adaptable to changes in the legal industry and leveraging technology can enhance
the firm's overall performance.

Disclaimer
The information contained in this document is provided for informational purposes only
and should not be relied upon as legal, business, or any other advice. The author makes
no representations or warranties of any kind, express or implied, about the completeness,
accuracy, reliability, suitability or availability with respect to the document or the
information, acts, statutes, case laws or related information outcome contained in the
document for any purpose. Any reliance you place on such information is therefore strictly
at your own risk. In no event will the author be liable for any loss or damage including
without limitation, indirect or consequential loss or damage, or any loss or damage
whatsoever arising from loss of data or profits arising out of, or in connection with, the
use of this document.

The author (Hemant Patil, GLC Mumbai Batch of 2025, [email protected]) reserves the
right to modify, add, or delete any information in this document at any time without prior
notice. For obtaining a recent & updated copy of this document, you can send the request
with your clear & accurate identification (Full Name, Contact, Institution etc).

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