How Bihar Public Work Contract Arbitration Tribunal Act (2008) Is Violating The Fundamentals

How Bihar Public Work Contract Arbitration Tribunal Act (2008) Is Violating The Fundamentals Of Arbitration: A Comparative Study

Snigdha Khandelwal, NALSAR University of Law, Hyderabad

Karnica Bhatia, NALSAR University of Law, Hyderabad

Page: 37-46

ABSTRACT

The essay presents a comprehensive comparative analysis of two essential legal frameworks governing alternative dispute resolution mechanisms: the Arbitration and Conciliation Act (1996) and the Bihar Public Work Contract Arbitration Tribunal Act (2008). The primary focus of this study is to assess the disparities between these acts.

Through an exhaustive examination of the key provisions, and guiding principles of both acts, and legislative intent, the research aims to shed light on the legal landscape surrounding arbitration practices in India. This analysis will be carried out by a thorough examination of provisions, case laws and the law commission report.

The essay seeks to achieve the following objectives: it identifies the fundamental principles and guiding tenets of the Arbitration and Conciliation Act and the Bihar Public Work Contract Arbitration Tribunal Act. It explores the scope and applicability of these acts concerning the resolution of disputes arising from public work contracts in the state of Bihar as well as analyzes the procedural aspects and mechanisms for appointment, qualification, and remuneration of arbitrators under each act. It examines the role of judicial intervention in the arbitration process, including the grounds for setting aside awards and the extent of court involvement and highlights the weaknesses of the Bihar act in fostering a conducive environment for dispute resolution, with a specific focus on the public works sector in Bihar. The findings of this project will contribute significantly to the understanding of arbitration practices in India, particularly in the context of public work contracts.

Keywords: Arbitration and conciliation act, 1996 - UNCITRAL Model - Bihar Public Work Contract Arbitration Tribunal Act, 2008 - Party autonomy - Independence - Impartiality - Neutrality