INDUSTRIAL RELATIONS LAW

TOPIC : VOLUNTARY DISPUTE SETTLEMENT MECHANISM

ARBITRATION

INTRODUCTION :

There are various methods of settling the Industrial dispute voluntarily

in Industrial Disputes Act 1947, it may be without the intervention of the state by
Collective bargaining and is without conciliation or by voluntary arbitration .
Section 10A of Industrial Disputes (amendment ) act 1956 an agreement refer to an
industrial disputes to an Arbitrator under this section is not settlement of disputes laid
down in section 2(p) of ID act. Because the disputes subsists even after the agreement
.. Industrial disputes may be in controversy with the respect to working condition,
employment matters, wages or union recognition etc . Industrial Disputes should be in
existence or apprehended between the Employer- Employer, Employor Employee,
or Employee- Employee and such disputes must be related to the work and such an
dispute should be raised by a group or a class of worker .

2.THE ARBITRATION AND CONCILIATION (AMENDMENT)

ORDINANCE, 2015

The President promulgated the Arbitration and Conciliation (Amendment) Ordinance,

2015 on October 23, 2015. The Ordinance amends the Arbitration and Conciliation
Act, 1996

The Ordinance amends this provision to specify that if the Court passes such an
interim order before the commencement of arbitral proceedings, the proceedings must
commence within 90 days from the making of the order, or within a time specified by
the Court. Further, the Court must not accept such an application, unless it thinks that
the arbitral tribunal will not be able to provide a similar remedy.

Time period for arbitral awards: The Ordinance introduces a provision that requires
an arbitral tribunal to make its award within 12 months. This may be extended by a
six month period.

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3.What is Arbitration?
Section 2 of an Arbitration and Conciliation Act 1996 defines any arbitration whether
or not administered by permanent institution with an Arbitration agreement ant its
clause, Award may also be a foreign Award as mentioned in Geneva and new York
convention, means interim award and tribunal means a sole or an panel of Arbitrator
with its jurisdiction party means party to the Arbitration.

4 Aim and Object of an Arbitration :

Arbitration is an Voluntary Procedure referred for settlement of disputes between the

parties and to obtain the fair resolution of disputes by an impartial and a Neutral
Tribunal without unnecessary delay or expenses .
5 Fundamental feature of an Arbitration

An alternative to the National court

A private Mechanism for the dispute resolution
Selected and controlled by the parties here the parties are called as Party
Autonomy
Final and binding determination of the parties right and obligation

6 Concept of Arbitration
For the settlement of the conflict , arbitration is an old age practice in India .
Panchayat system is based on this concept . In 1958 it was incorporated in the code of
Industry discipline . In 1962 in Indian Labor conference it was decided that the
Arbitration would be preferred after conciliation under the adjudication , The
Government of india setup Nation Arbitration Board , In 1956 , it was decided that
Voluntary Arbitration would be included finally in 1957, section 10A was inserted
which was enforced from March 1957.

7 .Statutory recognition by India :

The first Statutory recognition was given to domestic Arbitration in India by Indian
Arbitration Act 1940, it purpose was to consolidate and amend the law relating to
 Arbitration.The statutes dealing with international Commercial Arbitration were the
Arbitration act 1937 and Foreign Award Act 1961Geneva and Newyork convention.
The UNCITRAL Model Law on international Commercial Arbitration the Arbitration
and conciliation act 1996 seek amendment which was amended latest.

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8.ILO- INTE5RNATIONAL LABOR ORGANISATION convention and

recommendation
R092 - Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92)
Recommendation concerning Voluntary Conciliation and Arbitration Adoption:
Geneva, 34th ILC session (29 Jun 1951) - Status: Request for information.

General Conference of the International Labour Organisation

having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Thirty-four h Session on 6 June 1951, and

Having decided upon the adoption of certain proposals with regard to voluntary
conciliation and arbitration, which is included in the fifth item on the agenda of the
session, and

Having determined that these proposals shall take the form of a Recommendation
designed to be implemented by the parties concerned or by the public authorities as
may be appropriate under national conditions,

adopts this twenty-ninth day of June of the year one thousand nine hundred and fifty-
one, the following Recommendation, which may be cited as the Voluntary
Conciliation and Arbitration Recommendation, 1951t

Voluntary arbitration

. If a dispute has been submitted to arbitration for final settlement with the
consent of all parties concerned, the latter should be encouraged to abstain from
strikes and lockouts while the arbitration is in progress and to accept the arbitration
award.
General provision
provision of this Recommendation may be interpreted as limiting, in any way
whatsoever, the right to strike.
C154 - Collective Bargaining Convention, 1981 (No. 154)
 Article 6

The provisions of this Convention do not preclude the operation of industrial relations
systems in which collective bargaining takes place within the framework of
conciliation and/or arbitration machinery or institutions, in which machinery or
institutions the parties to the collective bargaining process voluntarily participate.
With respect to the public sector, the Labour Relations (Public Service) Convention,
1978(No. 151) provides that the settlement of disputes over the terms and conditions
of employment is to be sought through independent and impartial machinery, such as
mediation, conciliation and arbitration, established in such a manner as to ensure the

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9 COMPARITIVE WITH UK

The general assembly of the United Nations adopted the United Nations
Commission on International Trade Law (UNCITRAL) Model Law on 21 June,
1985 (with amendments as adopted on 7 July, 2006) at the end of eighteenth
session of the commission. Both the Indian Arbitration and Conciliation Act,
1996 and the UK Arbitration Act, 1996 are based on the UNCITRAL Model Law.

Schemes

Part I of the Indian statute is extremely comprehensive and contains

extensive provisions based on the Model Law. Part I of the act was applicable to
International Commercial Arbitration held outside India.

Part II of the Indian statute concentrates on International Commercial

Arbitration, foreign awards and their enforcement governed by the
Convention on the Recognition and Enforcement of Foreign Arbitral
Awards or the Convention on the Execution of Foreign Arbitral Awards
( New York and Geneva conventions).

Part III in the Indian act governs Conciliation and procedures for
conducting due conciliation proceedings.

Part IVs of both the countries acts provide for general provisions.

10 Comparative study with US

USA As there is no separate institutional mechanism for termination of

employment procedures, there is no special judicial or quasi-judicial body
which could deal with dismissal claims in particular. Rather, different avenues
 for redress of dismissal claims are dependent on the applicable statutory
provisions and on the route which the employee has taken in order to pursue
such claims. For example, under the National Labour Relations Act,
employees may pursue their claims under special appeal procedures set up
under this Statute.

11 THE ROLE OF ARBITRATION IN INDUSTRIAL DISPUTES

ACT

The Arbitration plays a very vital role to solve the disputes amicably between the
employer and the employees or the parties to the dispute by mutual Arbitral
agreement with equal liberty to negotiation and the Award is a final reward in the
procedure of Arbitration .

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Section 10A

12 Reference of Dispute to the Arbitration under Industrial Disputes Act 1947

This section 10A has 5 sub section and this section states that where any Industrial
disputes exist or apprehended and the employer and the workmen agree to refer the
dispute to the Arbitration , may at any time before the dispute has been referred under
section 10 to a labor court or tribunal or National Tribunal , by a written agreement ,
refer the dispute to the Arbitration and the reference shall be to such person or persons
as an arbitration as may be specified in the Arbitration Agreement.

1.Legislative changes

This section has been newly inserted in the principal Act by Industrial Disputes
(Amendment and Miscellaneous ) A ct 36 of 1956

1.It has been amended in the year 1964as follows

a) sub section 1-A, 3-A, 4 A have been inserted

b)in subsection 3 the world one month are substituted for 14 days

State Amendment s

1.ANDHRA PRADESH after sec 10A , 10B is inserted in AP ACT NO 32 OF 1987

2. KARNATAKA SAME AS ABOVE VIDE KARNATAKA ACT NO.5 OF 1988

3.KERALA VIDE KERALA Act no 30 of 1979

4.Maharashtra made changes in subsection I in vide Maharashtra Act no 1of 1972

5.Rajasthan has inserted many sections 10 b, c, d , e, f, g ,h, I, j,k vide Rajasthan Act
No.14 of 1970

6.Tamil Nadu after section 10A THE FOLLOWING SECTION SHALL BE

NSERTED 10 b , power to issue order regarding te4rms and condition of service
pending settlement of dispute to secure public safety and maintain public order of
supplies and service essential to life to maintain employment or industrial peace
which has been referred provided no order made under the sub section which will be
less favorable to the workmen and those which are applicable to them at the time
which is three months industrial proceedings the date of order for the purpose of
public utility service (vide Tamil Nadu Act 36 of 1982)

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2.WE WILL HAVE AN DETIALED OUTLOOK OF SECTION 10A OF THE ID

ACT
SECTION 10 A
SUB SECTION (1) deals with the Industrial disputes exist o apprehended and the
employers and the work men agreed to refer the dispute to the Arbitration, section
10A was inserted by section 8 of ID Act 1966 .

1.The dispute should be existing or apprehended in an industry

2. The agreement of arbitration should be in writing.

3. The reference should have been made before the dispute referred under section 10
to labour court , tribunals or National tribunals.

4.The number arbitrator or arbitrators should have been mentioned in the agreement
as such person becomes he presiding officer to the labour court , tribunals or National
tribunals.

2. Procedure before arbitrator or the arbitrators can follow his own procedure however
the rules of natural justice as section 11 of I D act shall follow such procedure as he
may think fit.

IN AN LANDMARK CASE : the Madhya Pradesh high court section 1 in k.p. singh
Court observed that section 11 of the act prescribed the procedure and practices to be
followed by an conciliation officer etc but leaves the arbitrator to follow his own
procedure .

2.Gujarat street tubes ltd v Gujarat steel Mazdoor sabha

law correctly stated by another division bench of the same High Court in 3.Aftab-
Jadid E-, Urdu Daily ... vs Bhopal Shramjivi Patvakar Sangh (1985) ILLJ 272 MP
the cour ,C.p.senJ

3. Umpire sub section 10 A-1

There is a provision for the appointment of an arbitrator in case of an even number of

arbitrators by insertion on section A . The Award of the umpire shall prevail in such a
conflict shall be deemed to be an Arbitration Award for the purpose of this act.

1.K.p singh v gokhale (1970) 1 llj 125 , 120 A (MP0 (DB)

2. gujurat street tubes ltd v gujurat steel mazdoor sabha (1980) 1 llj 137(SC) .per
Krishna iyer J
3. Aftab-E-Jadid, Urdu Daily ... vs Bhopal Shramjivi Patvakar Sangh ... on 29 August,
1984
Equivalent citations: (1985) ILLJ 272 MP
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4. Arbitration Agreement sub section 2 as may be prescribed

It states about the arbitration agreement which is to be signed by the parties it is

sufficient if the requirement of that the rule and form are substantially complied with
in an Arbitration Agreement should be in FORM C the state government has
prescribed their own rule4

5. Publication of Arbitration agreement - sub section 3

The parties should forward a copy of arbitration agreement to the appropriate

Government at the conciliation officer and then within one month from the receipt of
copy appropriate Government shall public the agreement in the official gazette

1. North Orissa Workers' Union vs State Of Orissa And Ors. on 13 May,

1971Equivalent citations: (1971) IILLJ 199 Ori B Patra, R Misraj
The Non compliance of the mandatory requirement of this provision would render the
award itself invalid observed in a landmark case 2.Morco Ltd V Government Tamil
Nadu Lab Ic 1663 per Naimar Sundram J) 1The legislature has used the imperative
ward shall all the confusion was settled by the

SC pronouncement in 3.Karnal Leather Karamchari Sangatham Vs- Liberty

Footwear co stating that the arbitration agreement must be published before the
arbitrator considers the merits of the dispute and noncompliance of this requirement
would be fatal to the arbitral award Another land mark Judgment 3 and4 passed
judgment under special circumstance the award need not be published and No 4 an
application for setting aside tribunal exparte award made within 30 days of
publication of award becomes valid .

1.North Orissa Workers' Union vs State Of Orissa And Ors. on 13 May,

1971Equivalent citations: (1971) IILLJ 199 Ori B Patra, R Misra

2 Morco Ltd V Government Tamil Nadu Lab Ic 1663 per Naimar Sundram J)

3. Karnal Leather Karamchari sangatham Vs- Liberty Footwear co

4. Sir silk Ltd Vs- Government of Andra pradesh

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Employees and the workmen who are not the parties sub section (3A) of this Act was
introduced by ID amendment act 1964- states that the employers and workmen who
are not the parties may be given a notice to present their case before the arbitration
within a period of one month notification is issued, such notification under section
10A (4A) prohibiting the continuance of any strike lock out which exist on the date of
reference connected with the dispute the land mark judgment No5 the court held that
the requirement of this provision have not been completed with, will be rendered
invalid in another case No 6 a single

6. Award of the Arbitrator

Subsection (4)
After the investigation, adjudicate upon the industrial dispute referred to the
arbitrator under the arbitration agreement and to submits the award signed by him.
This award is should be published like any other award under the act by appropriate
Government within a period of 30 days from the receipt

section 17 award is final after being published under section 17(2) if itis not published
as referred it will be of being enforced as postulated by section 17 (A) of has no force
of law section 17 makes an enforceable on the expiry of 30 days from date of
publication

Section 18 (2) Makes can arbitration award which has become enforceable and
binding on parties

Section 18 (3) Makes the arbitration award in case of where the notification has been
issued Sub section 3A of U/S 10A become enforced and binding on all parties to the
dispute section

Section 19(3)The arbitral award remain in operation for a periods of one year from
the date on which if become enforce able its government wish to reduce extend the
period

Section 19(6)Awards passed under sector 19(3) further continues to be binding on the
parties even after the expiry of its period of operation period of two month as lapsed
from the date on which either of the parties intimate its intention to the other to
terminate the award

Section 20 Commencement proceeding of before an arbitrate under 10A on date of

reference for arbitration to conclude on the date when the award becomes enforceable

Section 21Keeps certain matter confidential by arbitrator

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Section 29Makes breach of an term of an award is a penal offence

Section 30 Penalty in cases of unlawful disclosure of information requirement to be

kept conferential
Section 33CRecovery of money or computation of any benefit capable of being
computed in term of money due of award from employer.

7.Jurisdiction of an arbitration

States of the arbitrator does not have the status of statutory arbitrator though there is
similarity between the two so he cannot given an order on the award passed by him
as he lacks fundamental inherent judicial power vested by the state in a court .The
arbitrator should settle the dispute and is well expected to do substantial justice
between parties in giving the award the reference of the industrial dispute to an
arbitrator U/S 10A is more Adhoc arrangement the difference from private
arbitration is the agreement made to dispute is published by government his
official Gazette The proceeding before him is Quasi judicial is character, the award
is rendered to he becomes functus officio then he cant inter fere for the further
proceeding which is judicial nature

In a land mark case

1. Kerala SRTC -VS- A K Unjukrishna Pillai 1976 Lab I C 541, 543 (ker) per J.
Bhaskaran

The arbitrator will not proceed with the arbitration if the dispute referred to him is not
industrial dispute has ne jurisdiction

Sub Sec (4) of S 10 Nor Sub S (1) like Sub S 1 (D) of S. 10 The arbitrator has strictly
adjudicate upon the dispute referred to him by agreement of parties of it court go into
the matters connected with relevant indeciduate dispute the general principal
regarding validity of such arbitrator as mentioned in arbitration Act 1940 award only
would apply. If the misconduct of a part of arbitrator or where he exceeds this
jurisdiction never hears the parties or fails to determine important question referred to
be an severed the answered . The Award will be amenable to judicial review under
Art 226 of the Indian constitutional in a supreme court decision

1. Kerala SRTC -VS- A K Unjukrishna Pillai 1976 Lab I C 541, 543 (ker) per J.
Bhaskaran

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The Award will be amenable to judicial review under Art 226 of the Indian
constitutional in a supreme court decision
1.Mangmt of National projects construction corporation Ltd VS- Workmen (1978) I
LLJ 86(CSC) per Alagirism J

Observed :The award of an arbitration U/S this Quasi Judicial

Section 16 (2) requires a labour court Tribunal national tribunal is that their awards
shall be shall be signed by its presiding official in another land mark case it is stated
that the award of an industrial arbitrator is unable to Judicial review in

2.Rohtas industries the supreme court observed :An award under section 10 A is not
only untenable but more sensitively susceptible to the writ lancet being a Quasi
statutory bodys decision

A single judge a madras high court took the view that a person appointed to arbitrator
upon an industrial dispute under section 10A the will be merely private
arbitrator.Since such an arbitrator will not be governed by the provision of S WA the
exclusion of the arbitration act under sub S (5) will not apply to such an arbitrator in
below case

3.Estate staff union of south india commor labar 1970 LLJ 94 (mad) Ramakrishnan

2.Rohtas industries Ltd VS- works 1968 I LLJ 710,715=16 (pat) DB R1 1R 1967 Pat
224 putta J Sub-Section (4) prohibition of continuance of strike and lock outs.

For details refer see sec 10(3)which was discussed earlier in detail

8.Exclusion of the arbitration act :- Subsector (5)

Excludes the application of the provision of the arbitration act 1940 (2) to the award
of an arbitrator under sec 10(A).

1.Mangmt of National projects construction corporation Ltd VS- Workmen (1978) I

LLJ 86(CSC) per Alagirism J

2.Rohtas industries Ltd VS- works 1968 I LLJ 710,715=16 (pat) DB R1 1R 1967 Pat
224 putta J

3.Estate staff union of south india commor labar 1970 LLJ 94 (mad) Ramakrishnan

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The scheme of this aAct does not contemplate a private arbitration outside the Act as
method of resolving an industrial dispute merely because the parties says that the
matter will be left for informal arbitration ,the agreement cannot be stated to refer the
dispute to an arbitration outside the preview of section 10(A) in a

land mark judgment i.e (2) Hindustan National glass the calcutta High court

1. Hindusthan National Glass & ... vs Ganesh Kumar Agarwal on 1 March, 2010
held an application under section (30) arbitration Act

2.The Special Officer Of The vs S. Loganathan And D. Nampillai on 28 January,

1986 : (1986) IILLJ 225 M Nainar Sundaram, J. challenging the award of an
arbitrator under sc 10A is not maintainable Section 17 Requires the publication of the
award of arbitrator like any other adjudicatory authority

13 ADVANTAGES AND DISADVANTAGES OF ARBITRATION:

Less expensive ,faster and expedious when compare to court , arbitration rules can be
tailored , it is private and confidential, one of the efficient dispute resolution
machinery and Award is final outcome are its Advantages. Legal fees have increased ,
it can also lead to delay , no temporary injunction , no appeal etc

14 Challenge to arbitrator:

An arbitrator may be challenged only in two situations. First, if circumstances exists

that give rise to justifiable grounds as to his independence or impartiality; second, if
he does not posses the qualifications agreed to by the parties. A challenge is required
to be made within 15 days of the petitioner becoming aware of the constitution of the
arbitral tribunal or of the circumstances furnishing grounds for challenge. Further,
subject to the parties agreement, it is the arbitral tribunal (and not the court - unlike
under the old Act of 1940) which shall decide . on the challenge.

1.Hindusthan National Glass & ... vs Ganesh Kumar Agarwal on 1 March, 2010

2.The Special Officer Of The vs S. Loganathan And D. Nampillai on 28 January,

1986 : (1986) IILLJ 225 M Nainar Sundaram, J.

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If the challenge is not successful the tribunal shall continue with the arbitral
proceedings and render the award, which can be challenged by an aggrieved party at
that stage. This is another significant departure from the Model Law, which envisages
recourse to a court of law in the event the arbitral tribunal rejects the challenge.(1)

15.ARBITRATORS DUTY TO DISCLOSE

The duty of an arbitrator is to disclose any interest or his relationship with any of the
parties to the dispute, or relationship with the industry he is dealing with or close
relationship with any party or family relation known to him or he may the partner of
that particular industry etc which may create an appearance of partiality or bias as he
considered to be an neutral person and the arbitrator act with principle s of natural
justice .A party appointed non- neutral arbitrator is not arbitrator is not subject to
disqualification by the other party based upon matter disclosed.

Based upon the United Nations Commission on International Trade Law

(UNCITRAL) Model law on International Commercial Arbitration .India has adopted
new arbitration law i.e., the Arbitration and Conciliation Ordinance 1996.

SUGGESTIONS

There are several factors hampering adoption of voluntary arbitration in India like
that of legal obstacles scarcity of Arbitrators who fails to win the confidence of the
parties.. cost to the parties presence of complicated procedure, no appeal is competent
against the Arbitral Award I consider it as a major drawback.

I analyzed that this is the best dispute resolving machinery with some disadvantages,
which should be encouraged in a wider level by bringing certain amendments in the
act to rectify the disadvantages and to make it more effective . I suggest government
of India to focus more on the voluntary arbitration mechanism so as to minimize the
workload of judiciary and for amicable settlement between the parties which will lead
to smooth economical growth and its development.

1.Article 13 of Model Law

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CONCLUSION
The problems are similar to those that have general arbitration which is the
fundamentally is a failure to free arbitration from that of courts based on four things

Firstly there is terrible lack of arbitrators and its proceedings

Secondly no appeal

Thirdly Arbitration is not taken seriously

Fourth the recognition of Trade union on the part of Employee is necessary perquisite
for the success of voluntary Arbitration

India has in place a modern, an efficient Arbitration Act. There have been some
decisions which are not in tune with the letter or spirit of the Act. Hopefully, these
would be addressed by the judiciary in the near future and continuing popularity of
arbitrations would be served by a truly efficient ADR mechanism

The philosophy of Industrial disputes Act is seriously questioned today productive

resources should be productively used to avoid and this solution would ensure
Industrial peace.

BIBILIOGRAPHY AND REFERENCE:

O.P. Malhothra, The Law of industrial Disputes. (1981) (Tripathi),

CODE OF INTERNATIONAL LABOUR LAW

CAMBRIDGE

Labour law and industrial relation in Stephen hard

Kluvar law international

Labour law in an era of globalization

S N Mishra

S.C. Srivastava, "Voluntary Labour Arbitration: Law and Policy", 23, JILI
349, (1981)

Labour Practices in India. (Eastern Book Company),

National Commission on Labour (1969), Chapters 22 & 23.

ILO on Conciliation in Industrial Disputes (1978)

LINK
PRS legis ative research
ILO website link
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TABLE OF CASES

1. Rejina VS- Disputes committee of detal ieacnocians (1953) I, ALLER 327 held
there is no instance of which where certiorarior prohibition has gone to any
arbitrator except a statutory arbitrator and he is the to none by a statute parties
must resorts

2. ATKM Employes Assoution -VS- MAsaligar Industries pvt Lts (1961) I. LLJ 81
(KER) per vellupillai J

3. Angle American Direct TEA Trading Ltd _VS- Workmen (1963) 2 LLJ 31 Rom
Air 1962 Rom 274

4. Rohathaas Industries stack union VS- state Bihar (1962) 2 LLJ 420 per DD
refer Jurisdiction of Arbitrator

5. The Engineering Mazdoor Sabha ... vs The Hind Cycles Ltd., Bombay(, (1962) 2
LLJ1963 AIR 874, 1963 SCR Spl. (1) 625Gupta Shah, J.C.

The Supreme court held that though Arbitration is not a Tribunal and Article 136
of Indian constitution in a proper right may lie against the Award as to Article 226
on Indian constitution.

6. Rohtas industries ltd. & anr vs Rohtas industries staff union and .n 18 december,
1975 1976 air 425, 1976 scr (3) 12 krishnaiyer, v.r.J supreme court held that an
Arbitrator in ID Act comes within the Rainbow of statutory tribunals amenable to
judicial review

7. Rajinder kumar kindra vs Delhi administration through ... on 27 september, 1984

1984 air 1805, 1985 scr (1) 866desai, d.A.J

8.Sir silk Lts Vs_ Government of Andra pradesh

9. Grindlays Bank Ltd Vs- Central Government Industrial Tribunal

10. Madras Machine Tools Mfres. vs Spl. Dy. Commissioner Of Labour ... on 7
March, 1979 (1979) IILLJ 331 Mad JUDGMENT Mohan, J.

11. DCM Clerks Association Vs- Management CW No 1355of 1981

12. Employers Of Firestone Tyre And ... vs Their Workmen on 22 August,

1967Equivalent citations: 1968 AIR 236, 1968 SCR (1) 307Hidayatullah J

UNCITRAL

1 Guru Nanak Foundation v Ra an Singh & Sons 1981 (4) SCC 634.
2 General Assembly Resolution 40/72, adopted on 11 December 1985 (Model
Law).
3 General Assembly Resolution 31/98, adopted on 15 December 1976 (UNCITRAL
Arbitration Rules).
4 Konkan Railway Corporation v Mehul Construction Co 2000 (7) SCC 201

INDUSTRIAL RELATIONS LAW

TOPIC : VOLUNTARY DISPUTE SETTLEMENT MECHANISM

ARBITRATION

CONTENTS

1.INTRODUCTION
2.THE ARBITRATION AND CONCILIATION (AMENDMENT)
ORDINANCE, 2015

3. What is Arbitration?

4. Aim and Object of an Arbitration

5 Fundamental feature of an Arbitration

6.Concept of Arbitration

7. Statutory recognition by India

8 ILO- INTE5RNATIONAL LABOR ORGANISATION

9 COMPARITIVE WITH UK

10 Comparative study with US

11 THE ROLE OF ARBITRATION IN INDUSTRIAL DISPUTES- Section 10A

12. Reference of Dispute to the Arbitration under Industrial Disputes

13ADVANTAGES AND DISADVANTAGES OF ARBITRATION

14. Challenge to arbitrator

15.ARBITRATORS DUTY TO DISCLOSE

TABLE OF CASES

SUGGESTIONS

CONCLUSION

BIBILIOGRAPHY AND REFERENCE