Discuss the historical background and objectives of the Arbitration and Conciliation Act, 1996.
Ø Brief history of arbitration in India 1. Arbitration in the Ancient and Mediaeval period Arbitration in India traces back to ancient times, even though it was not known as ‘arbitration’. Settling disputes was a necessity even back then as communities established themselves by building homes, rearing domestic animals, and owning properties, which often led to disputes among people. There was no formal legal framework in place nor was there a judiciary system as we have today. In such a situation, it was less about justice and more about strength. The stronger party to a dispute was often the winning party as those were the times of ‘ jiski lathi uski bhains’ . No wonder, this created an imbalance in society. Such informal norms and practices which often led to imbalances gave rise to the need for a more structured approach to dispute resolution. It was considered a necessity for the maintenance of law and order in society. Soon official cour...