What happens if a party institutes an action in a matter in respect of which the parties have made an agreement referred to in Section 44, that is, the chapter relating to the enforcement of certain foreign awards under the New York Convention ?

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In such cases the court shall at the request of one of the parties or any person claiming through or under him, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed. (Section 45)

What happens if Chapter 1 of Part II relating to New York Convention Awards applies? Does Chapter 2 relating to Geneva Convention Awards also apply ?

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It may be noted that there are two chapters in part II relating to foreign awards and the enforcement thereof. Chapter 1 relates to New York Convention Awards. And Chapter 2 relates to Geneva Convention Awards. Chapter 2 relating to Geneva Convention Awards shall not apply in relation to foreign awards to which Chapter 1… Read more »

How a conciliation proceeding is commenced ?

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(a) The party initiating conciliation shall send to the other party a written invitation to conciliate under Part III of the said Act, briefly identifying the subject of the dispute.       (b) The conciliation proceedings shall commence when the other party accepts in writing the invitation to conciliate.       (c) If… Read more »

What would be the number of conciliators and how they are to be appointed ? What would be the number of conciliators and how they are to be appointed ?

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There will one conciliator unless the parties agree that there shall be two or three conciliators. Where there is more than one conciliator, they ought, as a general rule, to act jointly.       In conciliation proceeding with one conciliator, the parties may agree on the name of a sole conciliator. In conciliation proceedings… Read more »

What is the procedure to be followed before the conciliator ?

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(a) The conciliator upon his appointment may request each party to submit to him a brief written statement describing the general nature of the dispute and the points at issue. Each party shall send a copy of such statement to the other party.       (b) The conciliator may request to each party to… Read more »

What is the role of the conciliator ?

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(a) The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.   (b) The conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to , among other things, the rights and obligations of the parties, the usages of… Read more »

What about the communication between conciliator and parties ?

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The conciliator may invite the parties to meet him or may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately.   Unless the parties have agreed upon the place where meetings with the conciliator are to be held, such place shall be… Read more »