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International Arbitration and Conciliation:
Regulations for Arbitration and Conciliation
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In the past, the statutory provisions were contained in three different enactments:-

The Arbitration Act laid down the framework within which domestic arbitration was conducted in India, while the other two Acts dealt with foreign awards.

The Arbitration and Conciliation Act, 1996 has repealed all the three Arbitration Acts. The 1996 Act provides statutory recognition to conciliation as a distinct mode of dispute settlement and contains detailed procedure governing arbitration and conciliation proceedings. It consolidates and amends the laws relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards and also defines the law relating to conciliation, providing for matters connected therewith and incidental thereto on the basis of the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.

In India, the Indian Council of Arbitration (ICA) established in 1965 is the apex arbitral organisation at the national level which provides facilities for arbitration of commercial disputes. Its main objective is to promote a amicable and quick settlement of industrial and trade disputes by arbitration. It also provides facilities for settlement of international commercial disputes by arbitration.

The Government of India, the Federation of Indian Chambers of Commerce and Industry, the other important Chambers of Commerce and trade associations in India as well as export promotion councils, public sector undertakings, companies and firms are in its membership. Its 'Rules of Arbitration' are of international standard and they provide a guarantee for quick and just settlement of the dispute. It maintains a panel of arbitrators consisting of Retd. Judges, Advocates, Shipping Experts, Chartered accountants, Chartered Engineers, Businessmen, Foreign Nationals and Executives having specialization in more than 20 fields.

In order to provide arbitration services under the Rules of Foreign Arbitral Organizations, ICA has entered into International Mutual Co-operation Agreements with important foreign arbitral institutions in more than 40 countries:-

1. The Board of Trade of Thailand
2. The Korean Commercial Arbitration Association
3. The Yugoslav Chamber of Economy, Belgrade
4. The Bulgarian Chamber of Commerce & Industry, Sofia
5. The Chambers of Commerce and Industry of the Socialist Republic of Romania
6. The International Chamber of Commerce, The Court of Arbitration of the International Chamber of Commerce, The Indian National Committee of the International Chamber of Commerce
7. The Asian-African Legal Consultative Committee, The Regional Centre for Arbitration at Kuala Lumpur
8. The Scottish Council for Arbitration
9. The Australian Centre for International Commercial Arbitration
10. The Netherlands Arbitrage Institute, Rotterdam
11. The Arbitration Institute of the Stockholm Chamber of Commerce, Stockholm
12. The American Arbitration Association
13. The Danish Committee of International Arbitrators
14. The Permanent Arbitration Court of the Mauritius Chamber of Commerce and Industry
15. The Chamber of Commerce and Industry of the Russian Federation
16. The German Institution of Arbitration
17. The Cairo Regional Centre for International Commercial Arbitration
18. The Arbitration Court Attached to the Economic Chamber of the Czech Republic
19. The Swiss Arbitration Association
20. The Cameroon Committee of Arbitration, Douala
21. Ghana Arbitration Centre
22. Greek Arbitration Association, Athens, Greece
23. The Tokyo Maritime Arbitration Commission of the Japan Shipping Exchange, Inc.
24. The Philippine Dispute Resolution Center, Inc.
25. The Arbitration Centre of the Institute for the Development of Commercial Law & Practice Srilanka
26. The Association of Arbitrators, South Africa
27. The Chartered Institute of Arbitrators, London
28. The London Court of International Arbitration
29. The Chamber of National and International Arbitration of Milan
30. The Greek Arbitration Association, Athens, Greece
31. Mediterranean Arbitration Council Legal Seat, Milan, Italy
32. The Association of Arbitrators of Nigeria, Lagos, Nigeria
33. The WIPO Arbitration and Mediation center World Intellectual Property Organization, Geneva Switzerland
34. The China International Economic and Trade Arbitration Commission
35. The Chartered Institute of Arbitrators, Kenya Branch
36. The Polish Arbitration Association, Poland
37. The G.C.C. Commercial Arbitration Centre, Bahrain
38. The Bahrain Centre for International Commercial Arbitration (BACICA), Bahrain
39. The Federation of Bangladesh Chambers of Commerce & Industry, Dhaka
40. The Arbitration Association of the Republic of China
41. Hong Kong International Arbitration Centre, Hong Kong
42. Venice Chamber of National & International Arbitration, Venice (Italy)
43. Central Chamber of Commerce of Finland
44. Arbitration Centre of the Caracas Chamber of Commerce & Industry, Venezuela
45. International Arbitral Centre of the Austrian Federal Economic Chamber, Vienna, Austria

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