Practical Training

1)​ What is object behind enacting arbitration & conciliation Act1996 &
Explain different legal analysis of arbitration & conciliation Act
1996?
ANS :- The primary objective of the Arbitration and Conciliation Act, 1996 is to
consolidate and amend the law relating to domestic and international
commercial arbitration, and to define the law relating to conciliation. It aims
to provide a framework for speedy, efficient, and fair dispute resolution
through arbitration and conciliation, reducing reliance on traditional court
litigation.
Legal Analysis of the Arbitration and Conciliation Act, 1996:
The Act is a comprehensive piece of legislation that has significantly
impacted dispute resolution in India. It's designed to:
1.​ 1. Consolidate and Amend Existing Laws:
The Act replaced previous laws like the Indian Arbitration Act, 1899, and the
Arbitration Act, 1940, streamlining the legal framework for arbitration.
2.​ 2. Promote Alternative Dispute Resolution (ADR):
It establishes arbitration and conciliation as viable alternatives to court litigation,
offering a more flexible and often faster means of resolving disputes.
3.​ 3. Facilitate International Commercial Arbitration:
The Act incorporates provisions to handle international commercial disputes, aiming
to create a conducive environment for foreign investment and trade.
4.​ 4. Enforce Foreign Arbitral Awards:
It provides a mechanism for enforcing arbitral awards made in other countries,
making it easier to resolve disputes involving international parties.
5.​ 5. Limit Judicial Intervention:
The Act seeks to minimize court interference in arbitration proceedings, promoting
party autonomy and allowing the arbitral tribunal to function independently.
6.​ 6. Define Conciliation:
It provides a clear legal framework for conciliation, a process where a neutral third
party helps disputing parties reach a settlement.
7.​ 7. Ensure Fair and Efficient Process:
The Act emphasizes the need for a fair, efficient, and timely arbitral process, with
provisions for setting time limits for arbitration proceedings and ensuring the arbitral
tribunal provides reasons for its decisions.
8.​ 8. Adapt to Global Standards:
 The Act is largely based on the UNCITRAL Model Law, reflecting international best
practices in arbitration and conciliation.
Key Features and Implications:
●​ Speed and Efficiency:
The Act aims to provide a faster and more efficient means of dispute resolution
compared to traditional court procedures.
●​ Cost-Effectiveness:
Arbitration and conciliation can be more cost-effective than litigation, especially for
complex commercial disputes.
●​ Flexibility:
The Act allows parties to tailor the arbitral process to their specific needs and
preferences.
●​ Confidentiality:
Arbitration proceedings are generally confidential, which can be beneficial for
businesses seeking to protect sensitive information.
●​ Enforceability:
Arbitral awards are generally enforceable as court decrees, providing certainty and
finality to the dispute resolution process.
●​ Party Autonomy:
The Act emphasizes party autonomy, allowing parties to choose arbitrators,
determine the procedure, and select the applicable law.
Recent Amendments:
The Act has been amended over time to address emerging challenges and
incorporate best practices. For example, Section 29A was introduced to set
time limits for arbitral awards, aiming to expedite the process.
Criticisms and Challenges:
Despite its strengths, the Act has faced some criticisms, including:
●​ Delays:
While the Act aims for speed, delays can still occur in arbitration proceedings.
●​ Uncertainty:
Some aspects of the Act, such as the grounds for challenging arbitral awards, can be
subject to interpretation, leading to uncertainty.
●​ Judicial Intervention:
While the Act aims to limit judicial intervention, courts can still play a role in certain
aspects of the process.
Conclusion:
The Arbitration and Conciliation Act, 1996, has been a significant step in
modernizing dispute resolution in India. It has provided a framework for
efficient, cost-effective, and flexible dispute resolution, particularly for
international commercial transactions. However, ongoing efforts are
needed to address challenges and ensure the Act continues to serve its
intended purpose effectively.

2)​ Explain different between an titration conciliation & variation?

ANS:-In chemistry, titration is a laboratory method used to determine the
concentration of a solution by reacting it with a solution of known
concentration. Conciliation, on the other hand, is an alternative dispute
resolution method where a neutral third party helps disputing parties reach
a mutually acceptable agreement. Essentially, titration is a chemical
analysis technique, while conciliation is a process for resolving conflicts.
Titration involves gradually adding a solution of known concentration (the
titrant) to a solution of unknown concentration (the analyte) until the
reaction is complete, as indicated by a change in color of an indicator or
other means. The volume of titrant used is then used to calculate the
concentration of the analyte.
Conciliation, in contrast, is a process where a conciliator facilitates
communication and negotiation between parties in a dispute, but does not
impose a solution. The conciliator helps the parties identify areas of
agreement and explore potential solutions, but the final decision on how to
resolve the dispute rests with the parties themselves. This is in contrast to
arbitration, where the arbitrator makes a binding decision.

Here's a table summarizing the key differences:

Feature Titration Conciliation

Purpose Chemical analysis, determining Dispute resolution, facilitating agreement

concentration
 Method Addition of titrant to analyte until Communication and negotiation between parties
reaction is complete facilitated by a conciliator

Outcom Calculated concentration of analyte Mutually agreed-upon resolution to the dispute

e

Context Laboratory setting, chemistry Alternative dispute resolution setting

3)​ Write a note on appointment of arbitrator & also describe settlement

A & C Act 1996?
ANS:- The Arbitration and Conciliation Act, 1996 governs the appointment of
arbitrators and settlement agreements in India. Section 11 outlines the
process for appointing arbitrators, emphasizing party autonomy in agreeing
on a procedure. If parties fail to agree, the Act provides for court
intervention to appoint arbitrators. Section 73 deals with settlement
agreements reached during conciliation, making them legally binding.
Appointment of Arbitrators under the Arbitration and Conciliation Act, 1996:
●​ Party Autonomy:
The Act prioritizes party autonomy, allowing them to freely agree on a procedure for
appointing arbitrators.
●​ Default Procedure:
If parties fail to agree on an appointment procedure, Section 11(3) outlines a default
method: each party appoints one arbitrator, and the two appointed arbitrators select
a third, who acts as the presiding arbitrator.
●​ Court Intervention:
When parties cannot agree on an arbitrator or procedure, or if appointed arbitrators
fail to agree on a presiding arbitrator, Section 11(4) allows for court intervention to
make the appointment.
●​ Supreme Court/High Court:
The Supreme Court or the High Court (or their designated institutions) can be
approached for arbitrator appointment when parties fail to agree or follow the agreed
procedure.
●​ Focus on Existence of Agreement:
The 2015 amendment to Section 11 restricts the court's examination at this stage to
the 'existence' of an arbitration agreement.
Settlement Agreements under Section 73:
●​ Conciliation Process:
 Section 73 applies to settlement agreements reached during the conciliation process
under Part III of the Act.
●​ Legally Binding:
When parties reach a settlement agreement during conciliation, Section 73 provides
a mechanism for formalizing it, making it legally binding.
●​ Formalization:
The settlement agreement reached during conciliation is recorded in writing and
signed by the parties, transforming it into a legally enforceable document.

4)​ Explain concept of lok Adalat as machinery for Alternative dispute

redressal mechanism?
ANS:- Lok Adalat is a key component of India's Alternative Dispute
Resolution (ADR) system, functioning as a forum for amicable settlement of
disputes, both pending in courts and at the pre-litigation stage. It leverages
conciliation and compromise to resolve disputes, offering a faster and more
cost-effective alternative to traditional litigation.
Here's a breakdown of the concept:
1. Alternative Dispute Resolution (ADR):
●​ ADR mechanisms, including Lok Adalats, provide alternatives to formal court
proceedings for resolving disputes.
●​ These methods aim to be quicker, less expensive, and less adversarial than
traditional litigation.
2. Lok Adalat's Role:
●​ Lok Adalats are essentially "People's Courts" where disputes are settled through
compromise and conciliation, often with the guidance of a neutral party like a judge
or legal expert.
●​ They are established under the Legal Services Authorities Act, 1987.
●​ They can handle cases pending in courts or at the pre-litigation stage.
3. Key Features:
●​ Amicable Settlement:
The core principle is to facilitate a mutually agreeable resolution between parties.
●​ Speed and Cost-Effectiveness:
Lok Adalats are known for their efficiency and lower costs compared to traditional
courts.
●​ Legally Binding Decisions:
Decisions reached in Lok Adalats are legally binding and have the status of a civil
court decree.
●​ Accessibility:
They provide access to justice for various segments of society, including those who
may not be able to afford or access formal courts.
4. Types of Cases Handled:
●​ Lok Adalats can address a wide range of disputes, including matrimonial matters,
property disputes, financial issues, motor accident claims, and more.
5. Importance in the Indian Legal System:
●​ Lok Adalats play a crucial role in reducing the burden on regular courts and providing
timely justice.
●​ They promote a more conciliatory and less adversarial approach to dispute
resolution.
●​ They are an important part of India's efforts to ensure access to justice for all.

5)​ Explain permanent lok Adalat & para legal training with legal
literacy ?
ANS:- Permanent Lok Adalats (PLAs) are established to resolve disputes
related to public utility services like transport, postal services, and utilities,
offering a pre-litigation, conciliation-based mechanism. Para Legal Training
(PLT) equips individuals with basic legal knowledge to assist in legal aid
and awareness programs, promoting legal literacy among the public. Legal
literacy, in turn, empowers individuals with an understanding of their rights
and responsibilities within the legal system.
Here's a more detailed explanation:
Permanent Lok Adalat (PLA):
●​ Purpose:
PLAs are a specialized form of Lok Adalat, focusing on disputes related to public
utility services.
●​ Function:
They aim to provide a platform for pre-litigation conciliation and settlement of
disputes, aiming to resolve issues before they reach formal courts.
●​ Jurisdiction:
PLAs have jurisdiction over disputes involving public utility services like transport,
postal, telegraph, and others, up to a certain pecuniary limit (e.g., Rs. Ten Lakhs).
●​ Mechanism:
If parties fail to reach a settlement, the PLA can decide the dispute, and its decision
is binding.
●​ Key Difference:
 Unlike regular Lok Adalats, PLAs operate permanently and can make binding
decisions, even if parties don't agree to a settlement.
Para Legal Training (PLT):
●​ Purpose:
PLT aims to empower individuals with basic legal knowledge and skills to assist in
legal aid and awareness programs.
●​ Target Audience:
PLT is often provided to community workers, social activists, and other individuals
who can play a role in legal awareness.
●​ Training Content:
PLT typically covers topics like fundamental legal concepts, basic court procedures,
and the role of legal aid organizations.
●​ Impact:
PLT helps to bridge the gap between the legal system and the public, especially
those from marginalized communities, by providing them with basic legal
knowledge.
Legal Literacy:
●​ Definition:
Legal literacy refers to the understanding of basic legal principles, rights, and
responsibilities.
●​ Importance:
Legal literacy empowers individuals to understand the legal framework they operate
in, enabling them to protect their rights and access justice.
●​ Impact:
A legally literate population is better equipped to navigate legal processes,
participate in legal aid programs, and contribute to a more just society.
Relationship: PLAs, PLT, and legal literacy are interconnected components
of a larger system aimed at enhancing access to justice and promoting a
more equitable society. PLT helps to spread legal literacy, and legal literacy,
in turn, allows individuals to utilize mechanisms like PLAs more effectively.
●​ Lok Adalat - National Legal Services Authority!
The other type of Lok Adalat is the Permanent Lok Adalat, organized under Section 22-B of The
Legal Services Authorities Act, 1987...

National Legal Services Authority

●​ Permanent Lok Adalat: Meaning, Features
 6)​ Write objectives & different legal authorities & Explain under legal
service authority act?
ANS:- The Legal Services Authorities Act, 1987, aims to provide free and
competent legal services to the weaker sections of society, ensuring
access to justice is not denied due to economic or other disabilities. It
establishes a framework for legal aid and promotes alternative dispute
resolution mechanisms like Lok Adalats.
Objectives of the Legal Services Authorities Act:
●​ Providing Free Legal Aid:
The primary objective is to offer free and competent legal services to eligible
individuals who cannot afford legal representation.
●​ Organizing Lok Adalats:
To establish and conduct Lok Adalats (people's courts) for the amicable settlement of
disputes, aiming to reduce court backlogs and expedite justice.
●​ Promoting Legal Awareness:
To raise awareness among the public, particularly the weaker sections, about their
legal rights and entitlements.
●​ Implementing Schemes and Directions:
To implement the policies and directions of the National Legal Services Authority
(NALSA) through various legal services programs.
Different Legal Authorities:
The Act establishes a hierarchy of legal services authorities:
1.​ 1. National Legal Services Authority (NALSA):
Headed by the Chief Justice of India, NALSA lays down policies, frames schemes,
and allocates funds for legal services.
2.​ 2. State Legal Services Authorities (SLSA):
Each state has an SLSA that implements NALSA's policies and directions within the
state, conducting Lok Adalats, and providing legal aid.
3.​ 3. District Legal Services Authorities (DLSA):
These authorities operate at the district level, providing legal aid, conducting Lok
Adalats, and promoting legal awareness within their respective districts.
4.​ 4. High Court and Supreme Court Legal Services Committees:
These committees provide legal aid and services within the respective courts.
5.​ 5. Taluk Legal Services Committees:
These committees function at the taluk (sub-district) level, providing legal services
and promoting legal awareness.
Explanation under the Legal Services Authorities Act:
 The Act outlines the structure, powers, and functions of each of these
authorities. It defines the eligibility criteria for receiving free legal aid, which
includes individuals with low income, members of Scheduled
Castes/Tribes, women, children, victims of natural disasters, and persons
with disabilities. The Act also specifies the types of legal services that can
be provided, such as legal advice, representation in court, and assistance
in alternative dispute resolution.
Key provisions of the Act include:
●​ Section 6: Outlines the constitution of State Legal Services Authorities.
●​ Section 7: Specifies the functions of the State Legal Services Authority.
●​ Section 12: Defines the categories of persons eligible for free legal aid.
●​ Sections 19-22: Deal with the organization and conduct of Lok Adalats.
●​ Sections 29A: Provides for the power of State Authority to make regulations.
●​ Section 9: Outlines the composition, powers and functions of the District Legal
Services Authority.
The Act also provides for the establishment of Legal Aid Clinics and Legal
Literacy Programs to enhance access to justice for the marginalized and
vulnerable sections of society.

7)​ Write powers of the lok Adalat?

ANS:- Powers of Lok Adalats
1. Jurisdiction: Lok Adalats have jurisdiction to settle disputes at the
pre-litigation stage or during the pendency of a case in a court.
2. Compromise: Lok Adalats can facilitate a compromise between parties and
pass an award based on the agreement.
3. Award: The award passed by a Lok Adalat is deemed to be a decree of a civil
court and is final and binding on the parties.
4. Enforceability: The award of a Lok Adalat is enforceable as a decree of a
civil court.
5. No appeal: There is no appeal against the award of a Lok Adalat, except in
cases where the award is challenged on grounds of fraud, misrepresentation, or
lack of jurisdiction.

Benefits
1. Speedy justice: Lok Adalats provide speedy justice and help reduce the
backlog of cases in courts.
2. Cost-effective: Lok Adalats are a cost-effective alternative to traditional
litigation.
3. Amicable settlement: Lok Adalats facilitate amicable settlements between
parties, promoting reconciliation and reducing conflicts.

Role
Lok Adalats play a significant role in promoting alternative dispute resolution
and providing access to justice to people, especially in rural and marginalized
areas.