Sections Particulars
Preamble
RECEIVED THE ASSENT OF THE PRESIDENT ON THE 16TH AUGUST, 1996, AND IS HEREBY PUBLISHED FOR GENERAL INFORMATION :- An Act to consolidate and amend the law rel...
Preliminary
Section 1 Short Title Extent And Commencement
(1) This Act may be called the Arbitration and Conciliation Act, 1996. (2) It extends to the whole of India : that Parts I, III and IV shall extend to the St...
Part I Arbitration
Chapter I General Provisions
Section 2 Definitions
(1) In this Part, unless the context otherwise requires, - (a) "arbitration" means any arbitration whether or not administered by permanent arbitral institut...
Section 3 Receipt of written communications
(1) Unless otherwise agreed by the parties, - (a) any written communication is deemed to have been received if it is delivered to the addressee personally or...
Section 4 Waiver of right to object
A party who knows that – (a) any provision of this Part from which the parties may derogate, or (b) any requirement under the arbitration agreement, has not ...
Section 5 Extent of Judicial Intervention
Notwithstanding anything contained in any other law for the time being in force, in matters governed by this Part, no judicial authority shall intervene exce...
Section 6 Administrative Assistance
. In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the consent of the parties, may arrange for admin...
Chapter II Arbitration Agreement
Section 7 Arbitration Agreement
. (1) In this Part, "arbitration agreement" means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may ...
Section 8 Power of Refer Parties to Arbitration where there is an Arbitration Agreement
Power of Refer Parties to Arbitration where there is an Arbitration Agreement. (1) A judicial authority before which an action is brought in a matter which is ...
Section 9 Interim Measures Etc. By Court
Interim Measures Etc. by CourtA party may, before, or during arbitral proceedings or at any time after the making of the arbitral award but before it is enfor...
Chapter III Composition Of Arbitral Tribunal
Section 10 Number Of Arbitrators
Number of Arbitrators (1) The parties are free to determine the number of arbitrators, provided that such number shall not be an even number. (2) Failing the d...
Section 11 Appointment of Arbitrators
Appointment of Arbitrators. (1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the p...
Section 12 Grounds For Challenge
Grounds for Challenge. (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumst...
Section 13 Challenge Procedure
. (1) Subject to sub-section (4), the parties are free to agree on a procedure for challenging an arbitrator. (2) Failing any agreement referred to in sub-sec...
Section 14 Failure Or Impossibility To Act
. (1) The mandate of an arbitrator shall terminate if – (a) he becomes de jure or de facto unable to perform his functions or for other reasons fails to act ...
Section 15 Termination of Mandate And Substitution of Arbitrator
(1) In addition to the circumstances referred to in section 13 or section 14, the mandate of an arbitrator shall terminate – (a) where he withdraws from offi...
Chapter IV Jurisdiction Of Arbitral Tribunals
Section 16 Competence of Arbitral Tribunal to rule on its Jurisdiction
(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration a...
Section 17 Interim measures ordered by Arbitral Tribunal
(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order a party to take any interim measure of protection as ...
Chapter V Conduct Of Arbitral Proceedings
Section 18 Equal treatment of parties
  The parties shall be treated with equality and each party shall be given a full opportunity to present his case....
Section 19 Determination of rules of procedure
(1) The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. (2) Subject to this Part, the parties are ...
Section 20 Place of Arbitration
(1) The parties are free to agree on the place of arbitration. (2) Failing any agreement referred to in sub-section (1), the place of arbitration shall be de...
Section 21 Commencement of Arbitral Proceedings
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute ...
Section 22 Language
(1) The parties are free to agree upon the languages to be used in the arbitral proceedings. (2) Failing any agreement referred to in sub-section (1), the ar...
Section 23 Statements of Claim And Defence
(1) Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the...
Section 24 Hearings and Written Proceedings
(1) Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral arg...
Section 25 Default of a party
Default of a Party Unless otherwise agreed by the parties, where, without showing sufficient cause, - (a) the claimant fails to communicate his statement of c...
Section 26 Expert appointment by Arbitral Tribunal
(1) Unless otherwise agreed by the parties, the arbitral tribunal may - (a) appoint one or more experts to report to it on specific issues to be determined by...
Section 27 Court Assistance in taking evidence
(1) The arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the Court for assistance in taking evidence. (2) The applicati...
Chapter VI Making of Arbitral Award and Termination of Proceedings
Section 28 Rules applicable to substance of dispute
(1) Where the place of arbitration is situate in India, - (a) in an arbitration other than an international commercial arbitration, the arbitral tribunal sh...
Section 29 Decision making by Panel Of Arbitrators
(1) Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a m...
Section 30 Settlement
(1) It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the part...
Section 31 Form and contents Of Arbitral Award
(1) An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal. (2) For the purposes of sub-section (1), in arbi...
Section 32 Termination of Proceedings
The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2 The arbitral tribunal s...
Section 33 Correction and Interpretation of Award; Additional Award
Correction and Interpretation of Award; Additional Award (1) Within thirty days from the receipt of the arbitral award, unless another period of time has been ...
Chapter VII Recourse Against Arbitral Award
Section 34 Application for setting aside Arbitral Award
(1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-s...
Chapter VIII Finality and Enforcement of Arbitral Awards
Section 35 Finality of Arbitral Awards
Finality of Arbitral Awards Subject to this Part an arbitral award shall be final and binding on the parties and persons claiming under them respectively....
Section 36 Enforcement
Enforcement. Where the time for making an application to set aside the arbitral award under award shall be endorsed under the Code of Civil Procedure, 1908 i...
Chapter IX Appeals
Section 37 Appealable orders
(1)An appeal shall lie from the following orders (and from no others) to the Court authorized by law hear appeals from original decrees of the Court passing...
Chapter X Miscellaneous
Section 38 Deposits
(1) The arbitral tribunal may fix the amount of the deposit or supplementary deposit, as the case may be, as an advance for the costs referred to in sub-sect...
Section 39 Lien on Arbitral Award And Deposits as to costs
Lien on Arbitral Award and Deposits as to Costs (1) Subject to the provisions of sub-section (2) and to any provision to the contrary in the arbitration agree...
Section 40 Arbitration Agreement not to be discharged by death of party thereto
(1) An arbitration agreement shall not be discharged by the death of any party thereto either as respects the deceased or as respects any other party, but s...
Section 41 Provisions in case of insolvency
(1) Where it is provided by a term in a contract to which an insolvent is a party that any dispute arising thereout or in connection therewith shall be submi...
Section 42 Jurisdiction
Jurisdiction Notwithstanding anything contained elsewhere in this Part or in other law for the time being in force, where with respect to an arbitration agre...
Section 43 Limitations
  (1) The Limitation Act, 1963, shall, apply to arbitrations as it applies to proceedings in court. (2) For the purposes of this section and the Limitation A...
Part II Enforcement of Certain Foreign Awards
Chapter I New York Convention Awards
Section 44 Definition
In this, Chapter, unless the context otherwise requires, "foreign award" means an arbitral award on differences between persons arising out of legal relatio...
Section 45 Power of Judicial Authority to refer parties to Arbitration
Power of Judicial Authority to refer Parties to Arbitration Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 a judicial aut...
Section 46 When Foreign Award Binding
Any foreign award which would be enforceable under this Chapter shall be treated as binding for all purposes on the persons as between whom it was made, and...
Section 47 Evidence
(1) The party applying for the enforcement of a foreign award shall, at the time of the application, produce before the court – (a) the original award or a ...
Section 48 Conditions for enforcement of Foreign Awards
(1) Enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that furnishes to the court proof that – ...
Section 49 Enforcement of Foreign Awards
 . Where the Court is satisfied that the foreign award is enforceable under this Chapter, the award shall be deemed to be a decree of that Court....
Section 50 Appealable orders
(1) An appeal shall lie from the order refusing to – (a) refer the parties to arbitration under section 45; (b) enforce a foreign award under section 48, to...
Section 51 Saving
Nothing in this Chapter shall prejudice any right which any person would have had of enforcing in India of any award or of availing himself in India of any ...
Section 52 Not to apply
Chapter II of this Part shall not apply in relation to foreign awards to which this Chapter applies....
Chapter II Geneva Convention Awards
Section 53 Interpretation
In this Chapter "foreign award" means an arbitral award on differences relating to matters considered as commercial under the law in force in India made aft...
Section 54 Power of Judicial Authority to refer parties to Arbitration
Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908, a judicial authority, on being seized of a dispute regarding a contrac...
Section 55 Foreign Awards when binding
Any foreign award which would be enforceable under this Chapter shall be treated as binding for all purposes on the persons as between whom it was made, and...
Section 56 Evidence
(1) The party applying for the enforcement of a foreign award shall, at the time of application produce before the Court – (a) the original award or a copy th...
Section 57 Conditions for enforcement of Foreign Awards
(1) In order that a foreign award may be enforceable under this Chapter, it shall be necessary that – (a) the award has been made in pursuance of a submissio...
Section 58 Enforcement of Foreign Awards
Where the Court is satisfied that the foreign award is enforceable under this Chapter, the award shall be deemed to be a decree of the Court....
Section 59 Appealable Orders
(1) An appeal shall lie from the order refusing – (a) to refer the parties to arbitration under section 54; and (b) to enforce a foreign award under section...
Section 60 Saving
Nothing in this Chapter shall prejudice any rights which any person would have had of enforcing in India of any award or of availing himself in India of any...
Part III Conciliation
Section 61 Application and scope
(1) Save as otherwise provided by any law for the time being in force and unless the parties have otherwise agreed, this Part shall apply to conciliation of...
Section 62 Commencement of conciliation proceedings
(1) The party initiating conciliation shall send to the other party a written invitation to conciliate under this Part, briefly identifying the subject of t...
Section 63 Number of conciliators
Number of Conciliators (1) There shall be one conciliator unless the parties agree that there shall be two or three conciliators. (2) Where there is more than ...
Section 64 Appointment of conciliators
APPOINTMENT OF CONCILIATORS. (1) Subject to sub-section (2), - (a) in conciliation proceedings with one conciliator, the parties may agree on the name of a s...
Section 65 Submission of statements to conciliator
(1) The conciliator, upon his appointment, may request each party to submit to him a brief written statement describing the general nature of the dispute an...
Section 66 Conciliator not bound by certain enactments
The conciliator is not bound by the Code of Civil procedure,1908 or the Indian Evidence Act, 1872....
Section 67 Role of Conciliator
 (1) The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute. (2) T...
Section 68 Administrative assistance
ADMINISTRATIVE ASSISTANCE. In order to facilitate the conduct of the conciliation proceedings, the parties, or the conciliator with the consent of the partie...
Section 69 Communication between conciliator and parties
(1) The conciliator may invite the parties to meet him or may communicate with them orally or in writing. He may meet or communicate with the parties togeth...
Section 70 Disclosure of information
. When the conciliator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other part...
Section 71 Co-operation of parties with conciliator
The parties shall in good faith co-operate with the conciliation and, in particular, shall endeavor to comply with requests by the conciliator to submit wri...
Section 72 Suggestions by parties for settlement of dispute
Each party may, on his own initiative or at the invitation of the conciliator, submit to the conciliator suggestions for the settlement of the dispute....
Section 73 Settlement agreement
(1) When it appears to the conciliator that there exist elements of a settlement which may be acceptable to the parties, he shall formulate the terms of a po...
Section 74 Status of effect of settlement agreement
The settlement agreement shall have the same status and effect as if it is an arbitral award on agreed terms on the substance of the dispute rendered by an a...
Section 75 Confidentiality
Notwithstanding anything contained in any other law for the time being in force, the conciliator and the parties shall keep confidential all matters relating ...
Section 76 Termination of conciliation proceedings
The conciliation proceedings shall be terminated – (a) by the signing of the settlement agreement by the parties, on the date of the agreement; or (b) by a wr...
Section 77 Resort to arbitral or judicial proceedings
The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject-matter ...
Section 78 Costs
(1) Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties. ...
Section 79 Deposits
(1) The conciliator may direct each party to deposit an equal amount as an advance for the costs referred to in sub-section (2) of section 78 which he expects...
Section 80 Role of conciliator in other proceedings
Unless otherwise agreed by the parties,- (a) the conciliator shall not act as an arbitrator or as a representative or counsel of a party in any arbitral or ju...
Section 81 Admissibility of evidence in other proceedings
The parties shall not rely on or introduce as evidence in arbitral judicial proceedings, whether or not such proceedings relate to the dispute that is the sub...
Section 82 Power of high court to make rules
The High Court may make rules consistent with this Act as to all proceedings before the Court under this Act. ...
Section 83 Removal of difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make su...
Section 84 Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) Every rule made by the C...
Section 85 Repeal and savings
(1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 (10 of 1940) and Foreign Awards (Recognition and Enforcement) ...
Section 86 Repeal of ordinance 27 of 1996 and saving
(1) The Arbitration and Conciliation (Third) Ordinance, 1996 is hereby repealed. (2) Notwithstanding such repeal, any order, rule, notification or scheme mad...
Sch. I Article I
(See section 44) 1. Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any di...
Sch. I Article II
(See section 44) 1. Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any di...
Sch. I Article III
(See section 44) Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the t...
Sch. I Article IV
(See section 44) 1. To obtain the recognition and enforcement mentioned in the preceding article, the party applying for recognition and enforcement shall,...
Sch. I Article V
(See section 44) 1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party fur...
Sch. I Article VI
(See section 44) If an application for the setting aside or suspension of the award has been made to a competent authority referred to in article V(1)(e), t...
Sch. I Article VII
(See section 44) 1. The provisions of the present Convention shall not affect the validity of multilateral or bilateral agreements concerning the recogniti...
Sch. I Article VIII
(See section 44) 1. This Convention shall be open until 31st December, 1958 for signature on behalf of any Member of the United Nations and also on behalf o...
Sch. I Article IX
(See section 44) 1. This Convention shall be open for accession to all States referred to in article VIII. 2. Accession shall be effected by the depos...
Sch. I Article X
(See section 44) 1. Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the terri...
Sch. I Article XI
(See section 44) In the case of a federal or non-unitary State, the following provisions shall apply:- (a) with respect of those articles of this Co...
Sch. I Article XII
(See section 44) 1. This Convention shall come into force on the ninetieth day following the date of deposit of the third instrument of ratification or acc...
Sch. I Article XIII
(See section 44) 1. Any Contracting State may denounce this Convention by a written notification to the Secretary-General of the United Nations. Denunciatio...
Sch. I Article XIV
(See section 44) A Contracting State shall not be entitled to avail itself of the present Convention against other Contracting States except to the ex...
Sch. I Article XV
  (See section 44)   The Secretary-General of the United Nations shall notify the States contemplated in article VIII of the following –  (a) signatur...
Sch. I Article XVI
(See section 44) 1. This Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the...
Sch. II
(See section 53) The undersigned, being duly authorized, declare that they accept, on behalf of the countries which they represent, the following provision...
Sch. III Article 1
(See section 53) (1) In the territories of any High Contracting Party to which the present Convention applies, an arbitral award made in pursuance of an ag...
Sch. III Article 2
(See section 53) Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court...
Sch. III Article 3
(See section 53) If the party against whom the award has been made proves that, under the law governing the arbitration procedure, there is a ground, other ...
Sch. III Article 4
 (See section 53) The party relying upon an award or claiming its enforcement must supply, in particular :- (1) the original award or a copy thereof duly a...
Sch. III Article 5
(See section 53) The provisions of the above articles shall not deprive any interested party of the right of availing himself of an arbitral award in the ma...
Sch. III Article 6
(See section 53) The present Convention applies only to arbitral awards made after the coming into force of the Protocol on Arbitration Clauses opened at ...
Sch. III Article 7
(See section 53) The present Convention, which will remain open to the signature of all the signatories of the Protocol of 1923 on Arbitration Clauses, shal...
Sch. III Article 8
(See section 53) The present Convention shall come into force three months after it shall have been ratified on behalf of two High Contracting Parties. The...
Sch. III Article 9
(See section 53) The present Convention may be denounced on behalf of any Member of the League of Non-Member State. Denunciation shall be notified in writi...
Sch. III Article 10
(See section 53) The present Convention does not apply to the colonies, protectorates or territories under suzerainty or mandate of any High Contracting Par...
Sch. III Article 11
(See section 53) A certified copy of the present Convention shall be transmitted by the Secretary-General of the League of Nations to every Member of the ...
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