SECTION 80 CIVIL PROCEDURE CODE AND ARBITRATION ACT: AN ANALYSIS

By Ekta vats

ABSTRACT

This article basically talks about section 80 of CPC,1908 and Arbitration Act, 1996. In introduction part it deals with the question of the fact that why this act is being implemented. Under CPC, this article mainly covers the nature, object of section 80 of CPC and also case laws Under Arbitration act, it mainly talks about the term conciliation and Arbitration and their purpose.

INTRODUCTION^[1]

In general sense, for filling suit no notification is required between individuals but when it comes to govt. or public officer then section 80 of CPC says 2 month notice is required if the suit is filed to govt. or public officer while section 80 of Arbitration act makes it clear that conciliator cannot acts as arbitrator for any party in case of dispute between the parties in judicial proceedings, rather if the parties agrees by mutual understanding then only this section is applied. Here the word Conciliator means the settlement of dispute in an agreeable manner, where a neutral person meets with the parties to dispute and explore how the dispute might be resolved. Hence it is different from arbitration as arbitration is the tribunal selected by the parties to decide disputes and it is binding over the parties.

NATURE OF SECTION 80: CPC

Section 80, CPC is not procedural rather substantive one, hence it contains the rule of procedure which is regarding notice before filing suit. This sections mainly deals which the two types of cases: 

• Suit against government
• Suit against public officer

Case laws:

State of Madras V. Chander Kant^[2], In this case SC observed that notice must be given to government in every cases if the suit is filed against govt. And when it comes to public officer then notice is necessary only when the suit is in respect of any act purporting to be done by the public officer discharge to his duty and not otherwise.

OBJECTIVE OF SECTION 80: CPC^[3]

The objective of section is the advancement of justice and securing of public good by avoidance of unnecessary litigation which purports to save money.

ARBITRATION AND CONCILIATION ACT,1996

Salient features of Arbitration and Conciliator act,1996

The Arbitration and Conciliation Act, 1996 improves upon the previous laws regarding arbitration in India namely the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961.Further, the new statute also covers conciliation which had not been provided for earlier.

The Act of 1996 aims at consolidating the law relating to domestic arbitration, international commercial arbitration, enforcement of foreign arbitral awards and rules regarding conciliation.

OBJECTIVE: Arbitration and Conciliator act,1996

• To ensure that rules are laid down for international as well as domestic arbitration and conciliation.
• To ensure that arbitration proceedings are just, fair and effective.
• To ensure that the arbitral tribunal gives reasons for its award given.
• To ensure that the arbitral tribunal acts within its jurisdiction.
• To permit the arbitral tribunal to use methods such as mediation and conciliation during the procedure of arbitration.
• To minimise the supervisory role of courts.
• To ensure that an arbitral award is enforceable as a decree of the court.

SECTION 80: ARBITRATION AND CONCILIATION ACT,1996^[4]

This section provides two types of restrictions on Conciliator. Section 80, Arbitration act provides the restriction on Conciliator that he is not permitted to act as an arbitrator or as a representative or counsel for any party in any arbitral or judicial proceedings. However, the Conciliator may be permitted to act as an arbitrator by mutual agreement between the parties. The Conciliator is also not allowed to appear as a witness on behalf of parties in any arbitral or conciliation proceedings. Although the Conciliator may be prevented by the parties as a witness in any such proceedings only by an agreement between the parties.

PURPOSE: SECTION 80 ARBITRATION ACT, 1996^[5]

Section 80 is necessary in order to provide equal protection and equal status to the parties based on the principle of natural justice as Conciliator being friendly person with the parties knows the weak or strong points of the subject matter of disputes which may cause undue influence on the parties against whom he applies his knowledge.

CONCLUSION

By the analysis of section 80 of Arbitration act and CPC, it can be concluded that both sections ensures justice by avoiding unnecessary litigation. However under section 66 ^[6]of Arbitration act,1996 the Conciliator is not bound by the rules of CPC,1908 and Indian Evidence act, 1872 but this doesn’t mean he can act arbitrarily in the conduct of conciliation proceedings.

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^[1] https://www.scribd.com/document/474535505/Dr-S-C-Tripathi-Arbitration-and-Conciliation-Act-1996-India-with-Alternative-Disputes-Resolution-ADR-Central-Law-Publications-2012-pdf

^[2] (1977) 1 SCC 257

^[3] https://indiankanoon.org/search/?formInput=section%2080%20of%20civil%20procedure%20code

^[4] https://www.casemine.com/search/in/Section%2080%20of%20arbitration%20and%20conciliation

^[5] https://ibclaw.in/arbitration-act-sections/80/

^[6] https://www.scribd.com/document/474535505/Dr-S-C-Tripathi-Arbitration-and-Conciliation-Act-1996-India-with-Alternative-Disputes-Resolution-ADR-Central-Law-Publications-2012-pdf

[7] Picture: law_all.com

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