GAMC

GAMC Resources

Essential References for Effective Dispute Resolution

The Global Arbitration & Mediation Council (GAMC) maintains a curated repository of key legislative, regulatory, and institutional instruments shaping Alternative Dispute Resolution (ADR) in India and worldwide. This collection supports parties, practitioners, and institutions with authoritative resources that ensure clarity, enforceability, and compliance with national and international standards.

It includes major domestic laws such as the Arbitration and Conciliation Act, 1996, and the Mediation Act, 2023, as well as global frameworks like the New York Convention (1958), Singapore Convention on Mediation (2019), and UNCITRAL Model Law (1985/2006).

Through this initiative, GAMC fosters accessibility, consistency, and global alignment in dispute resolution - bridging local legal systems with international best practices and strengthening India's role as a trusted hub for arbitration and mediation.

Significant Acts and Rules relevant to the GAMC's Domestic & International ADR

The Arbitration and Conciliation Act, 1996

The Arbitration and Conciliation Act, 1996 - A Paradigm Shift

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The Arbitration and Conciliation Act, 1996 marked a revolutionary change in India's approach to alternative dispute resolution. Based on the UNCITRAL Model Law on International Commercial Arbitration, it introduced modern, internationally aligned principles to Indian arbitration practice.

✓Key Principles Introduced

•Minimal judicial intervention in arbitral proceedings
•Party autonomy in choosing arbitrators and procedures
•Recognition of international commercial arbitration
•Comprehensive framework for conciliation

📋Coverage

•Domestic arbitration proceedings
•International commercial arbitration
•Enforcement of foreign awards
•Conciliation proceedings

Major Amendments

2016
Efficiency Focus
→Strict timelines for completion of arbitration (12 months, extendable to 18 months)
→Introduction of fast-track arbitration for claims up to ₹1 crore
→Appointment of arbitrators by designated institutions to reduce delays
→Confidentiality provisions for arbitration proceedings
2019
Institutional Strengthening
→Establishment of Arbitration Council of India (ACI) as apex body
→Grading of arbitral institutions to ensure quality standards
→Automatic stay on enforcement suspended for certain cases
→Unconditional stay on enforcement of awards if underlying contract is infrastructure-related
2021
Recent Updates
→Extension of stay provisions for enforcement of arbitral awards
→Clarifications on appointment of arbitrators
→Enhanced provisions for international commercial arbitration
→Strengthened institutional arbitration framework

The Mediation Act, 2023, represents a landmark step in institutionalizing mediation as a formal mode of dispute resolution in India. Enacted to promote amicable settlement and reduce court burdens, the Act establishes a structured legal framework for mediation aligned with international best practices.

✓Key Principles Introduced

•Emphasis on voluntary, confidential, and time-bound resolution
•Mandatory pre-litigation mediation for specified civil and commercial disputes
•Legal recognition and enforceability of mediated settlement agreements
•Establishment of the Mediation Council of India for regulation and accreditation
•Promotion of online and community mediation

📋Coverage

•Domestic and cross-border mediation
•Pre-litigation and court-annexed mediation
•Registration and oversight of mediators and mediation institutions
•Enforcement and challenge mechanisms for mediated settlements

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