Section 11 of the Arbitration and Conciliation Act, 1996 provides for appointment of Arbitrator by the Chief Justice and Sub-Section (10) thereof empowers Chief Justice to make appropriate scheme for dealing with the matters entrusted by Sub-Section (4) or Sub-Section (5) or Sub-Section (6) of Section 11 of the Act to him. The Arbitration and Conciliation Act, 1996 was enacted by our Parliament in the year 1996 emphasizing Alternative Dispute Resolution Mechanism (ADR). The legislature in its wisdom incorporated Section 89 in the Code of Civil Procedure, 1908 by way of amendment in the year 1999 which came into force in the year 2002. In the prevailing scenario of docket explosion, the implementation of Section 89 of the Code of Civil Procedure assumes greater significance. It needs no mention that Arbitration is one of the ADR mechanisms. The Arbitral Tribunal is not bound by the Civil Procedure Code or the Indian Evidence Act, and the parties are free to agree on the procedure to be followed by the Arbitral Tribunal in conducting its proceedings. The Arbitral Tribunal is also competent to pass interim orders, and its supervisory role of the Courts in the Arbitral process has also been minimized. It is only after the award is made by the Tribunal, a challenge to the award with regard to the jurisdiction and merit can be considered by the Court. As an Alternative Dispute Resolution Mechanism, ‘Arbitration’ is aimed at providing inexpensive and speedy justice to the litigating parties. To facilitate smooth conduct of the Arbitral proceeding as per the provisions of the Arbitration and Conciliation Act, 1996, and in furtherance of the legislative intention behind the incorporation of Section 89 in the Code of Civil Procedure, the High Court of Orissa Arbitration Centre (OAC) has been established.
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