CBSE Questions for Class 12 Commerce Legal Studies Arbitration,Tribunal Adjudication And Alternate Dispute Resolution Quiz 7 - MCQExams.com

Section 89 of the Code of Civil Procedure, 1908 embodies the legislative mandate to the court to refer sub judice disputes to various ADR mechanisms enunciated therein where it finds it appropriate to do so, in order to enable the parties to finally resolve their pending cases through well established dispute resolution methods other than litigation.  The provision for conciliation was added to the CPC after amendment in the year 2002.

The Lokayukta is an anti-corruption ombudsman organization in the Indian states. Once appointed, Lokayukta can not be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion by the state assembly. The term Lokayukta comes from a Sanskrit term which means "appointed by the people". 

As per section 14 (2) in The Lokpal and Lokayuktas Act, 2013, the Lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any Member of either House of Parliament in respect of anything said or a vote given by him in Parliament or any committee thereof covered under the provisions contained in clause (2) of Article 105 of the Constitution.

In Sundaram Finance Limited v. NEPC India Limited, the Apex Court has held that while considering the provisions of the Arbitration and Conciliation Act, 1996 the provisions must be construed independently of any reference to the 1940 Act which may actually lead to misconstruction. In other words, the provisions of the 1996 have to be interpreted being uninfluenced by the principles underlying the 1940 Act. In order to get help in construing the provisions of the Act, it is more relevant to refer to Uncitral Model Law, rather than the 1940 Act.