This document discusses arbitration and environmental protection laws in India. It provides an overview of the Arbitration and Conciliation Act of 1996, including objectives to minimize court oversight of arbitrations and enforce arbitration awards like court decrees. It outlines benefits for parties in arbitration, such as choosing arbitrators and procedures. The document also discusses appropriate and inappropriate matters for arbitration, and proposed amendments to the Act. Additionally, it covers environmental control legislation and the responsibilities and processes involved in obtaining environmental clearances for projects in India.

1. THE ARBITRATION AND
CONCILIATION ACT, 1996
&
Environment Protection Act
By : Tejpal Sheth
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2. Objectives of Amendment
Minimise the supervisory role of the Courts
Arbitral Tribunal to give reasons for Award
Permit Arb. Tribunal to use Mediation,
Conciliation, other procedures
Arbitral Award enforced as if it were a decree
of the court
Conciliation proceedings --same status and
effect as an Arbitral Award
Foreign Awards
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3. Benefits for the Parties
Choose the arbitrator(s);
Choose the issues to be arbitrated;
Choose the place of arbitration;
Choose the substantive law that will control the
merits of the dispute;
Choose the procedural rules;
Choose the schedule;
Choose exhibits, witnesses and other evidence to be
adduced including arranging for tests and site visits;
Choose the form of relief to be awarded;
Choose the form of the award; and
Agree to facilitate enforcement of the award.
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4. ADVANTAGES OF
ARBITRATION
Technical matter : appropriate special
qualifications of the Arbitrator.
Speedier than a court case
saving in the costs
unwanted publicity can be avoided
Convenience of the parties as to time and
place
Arb. Can view subject at any reasonable time
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5. Conduct of arbitrations by
permanent institutions
the International Chamber of Commerce's International Court of
Arbitration,
World Intellectual Property Organization (WIPO) Arbitration
Center,
American Arbitration Association (AAA),
China International Economic and Trade Arbitration
Commission,
Indian Council for Arbitration, or the
International Center for Settlement of Investment Disputes
(ICSD),
International Chamber of Commerce (“ICC”), located in Paris.
The American Arbitration Association (“AAA”)
London Court of International Arbitration
Arbitration Institute of the Stockholm Chamber of Commerce;
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6. TERMS OF AN
ARBITRATION AGREEMENT
Insert lawful terms as parties wish
terms must be stated with certainty
powers of Arbitrator to be clearly stated
questions to be determined by Arb .
Any matters for exclusion of reference
Any technical or legal bar to the parties
should be inserted
Composition of Arbitral Tribunal
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7. Disputes inappropriate for resolution by
arbitration
Matrimonial matters, like divorce or restitution of conjugal
rights;
matters relating to guardianship of a minor or other person
under disability;
testamentary matters, for example, questions about the
validity of a will;
insolvency matters, such as adjudication of a person as an
insolvent;
criminal proceedings;
questions relating to charities or charitable trusts;
matters falling within the purview of the Monopolies and
Restrictive Trade Practices Act; dissolution or winding up of a
company.
matters involving morality, status and public policy cannot be
referred to arbitration.
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8. THE ARBITRATION AND CONCILIATION
(AMENDMENT) BILL, 2003
to enable the judicial authority to decide
jurisdictional issues,
to empower the Courts to make reference to
arbitration in case all the parties to a legal
proceeding enter into an arbitration agreement
to resolve their disputes during the pendency
of such proceeding before it;
to provide for the appointment of arbitrators by
the Chief Justice of the Supreme Court or the
High Court to prevent writ petitions being filed
on the basis that it is an administrative order of
the Chief Justice.
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9. THE ARBITRATION AND CONCILIATION
(AMENDMENT) BILL, 2003-2
where the place of arbitration under Part I of is
in India, between Indian parties or an
international arbitration Indian law will apply.
completion of arbitrations within one year; at the
end of one year the Court will fix up a time
schedule for completion of the proceedings until
the award is passed.
empower the arbitral tribunal to pass
peremptory orders for implementation of
interlocutory orders and in case they are not
implemented, to enable the Court to order costs
or pass other orders in default.
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10. THE ARBITRATION AND CONCILIATION
(AMENDMENT) BILL, 2003-3
provide for the Arbitration Division in the High
Courts, for the speedy enforcement of awards
provide provisions for speeding up and
completing all arbitrations
to introduce a new Chapter XI relating to
single member fast track arbitral tribunal and
award will have to be pronounced within six
months and to specify procedure therefore in a
new Schedule.
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11. Appointment of an Arbitrator
person of any nationality
parties to agree on a procedure for appointment
of Arb.
Failing agreement as in above -- the two Arb
shall appoint a third Arb who shall act as the
presiding Arb---Umpire.
30 days
failing which CJ or any person or institution
designated by him

12. Procedure by Arbitrator
Delivery of points of claim and
defence--similar to pleadings
particulars of claim and counterclaim
discovery and inspection of documents
inspection of property and things by (1)
arbitrator (2) parties
fixing the time and place of hearing
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13. Procedure
Claimant (or advocate) opens his case ---also
defence to counterclaim
Claimant calls and examines his witness-who may be cross -examined by the
respondent
Claimant may re-examine him
Respondent opens his case
Respondent calls and examines his witnessmay be cross examined by the claimant
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14. When court can set aside
arbitration award
1.incapacity of the parties.
2.not valid under law.
3.no proper notice.
4. beyond the scope of the matter
decided to be referred to Arb.
5. Composition of the Arb. Tribunal
defective.
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15. Content of Arb. Award
shall be made in writing
signed by the Arb. Tribunal
shall state the reasons
state date and place
signed copy delivered to each party
payment of money: include in the sum for which
award is made
provision of 18% interest from the date of award to
the date of payment unless the award otherwise
directs.
Award does not transfer a property : parties are
directed to execute conveyance or other wise make
a transfer of the property in dispute
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16. Environmental control
legislation
United nation environmental Programee
(UNIP)
Ministry of environment & forests
http://envfor.nic.in
Water pollution Act
Air Pollution Act
Environment (Protection) Act
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17. Environmental control
legislation
Factories Act

Emission of air pollutants, improper handling
of hazardous wastes
Motor vehicles Act

Excessive emission of stock/Noise beyond
limit
Indian Port Act

Throwing rubbish in water
IPC

Public nuisance, mischief etc.
Indian Fisheries Act

Putting noxious material in water
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18. Responsibilities of persons
under the Environment Act
Not to exceed standards of pollution

Industry or operation shall not discharge or
emit any pollution in excess of limit
Safeguards
substances

in
handling
hazardous
As per prescribed procedure &
safeguards of Central Government
follow
Furnishing information of accident


Person in charge must take immediate action
to mitigate and inform the authorities.
Expenses can be recovered from person
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19. Environmental clearance
Government has identified 29 highly polluting industries
Environment impact assessment of development projects
compulsory
Various areas declared as green belt or no industry zone.
Public hearing made mandatory for projects which requires
central government clearance



Application made to State pollution board
Summary of project will be available for public inspection
Clearance granted will be valid for 5 yrs.
Green, orange & Red industries



Green means non-polluting industries
Orange means – industry permitted with pollution control measure
Red means – industry not permitted. They have to be closed or
shifted.
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