ARBITRATION AND CONCILIATION ACT

LIST OF DOCTRINES

 

S. No.

List of Doctrines

Meaning

Section Number/Topic

1.        

Coram Non Judice

Before one who is not a judge

Section 11

2.        

Principle of kompetenz-kompetenz

An arbitral tribunal is empowered and has the competence to rule on its own jurisdiction, including determining all jurisdictional issues, and the existence or validity of an arbitration agreement.

Section 16

3.        

Ex Aequo Et bono

Of equity and good

Section 28

4.        

Arbitrium est judicium

An award is a judgment

Section 36

5.        

Principle of Confidentiality

The conciliator and the parties are required to keep all matters ‘close to their chest’ and relating to the conciliation proceedings.

Section 75

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