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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