Sections Particulars
Preamble
. WHEREAS the United Nations Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 19...
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: Provided that Parts I, III and IV shall e...
Part I Arbitration
Chapter I General provisions
2 Definitions
1.     In this Part, unless the context otherwise requires,- a.     "arbitration' means any arbitration whether or not administered by permanent arbitral in...
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 persona...
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. Ha...
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 excep...
6 Administrative assistance
In order to facilitate the conduct of die arbitral proceedings, the parties, or the arbitral tribunal with the consent of the parties, may arrange for admini...
Chapter II Arbitration agreement
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 ma...
8 Power to 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 the subject of an arbitration agreement shall, if a party so applies not l...
9 Interim measures etc. by Court.
A party may, before, or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section...
Chapter III Composition of arbitral tribunal
10 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 determination...
11 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 parties are free to...
12 Grounds for challenge
1.     When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances likely to giv...
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 ...
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 ...
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 fro...
Chapter IV Jurisdiction of arbitral tribunals
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 arbitratio...
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 it) take any interim measure of protection...
Chapter V Conduct of arbitral proceedings
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....
19 Determination of rules of procedure
1.     The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908). or the Indian Evidence Act, 1872 (1 of 1872). 2.     Subje...
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 shal...
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 t...
22 Language
1.     The parties are free to agree upon the language or languages to be used in the arbitral proceedings. 2.     Failing any agreement referred to in sub...
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, ...
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 ...
25 Default of a party
Unless otherwise agreed by the parties, where, without showing sufficient cause,- a.     the claimant fails to communicate his statement of claim in accordan...
26 Expert appointed by arbitral tribunal
1.     Unless otherwise agreed by the parties, the arbitral tribunal may- a.     appoint one or more expert to report to it on specific issues to be determin...
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 a...
Chapter VI Making of arbitral award and termination of proceedings
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 tribuna...
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 ...
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 pa...
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), ...
32 Termination of proceedings
1.     The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2). 2.     The a...
33 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 agreed upon by the parties- a.     a party, with not...
Chapter VII Recourse against arbitral award
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 s...
Chapter VIII Finality and enforcement of arbitral awards
35 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....
36 Enforcement
Where the tune for making an application to set aside the, arbitral award under award shall be endorsed under the Code of Civil Procedure, 1908 (5 of 1908). i...
Chapter IX Appeals
37 Appealable orders
1.     An appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court p...
Chapter X Miscellaneous
38 Deposits
1.     The arbitral tribunal may fix the amount of the deposit or supplementary deposit, as the case way be, as an advance for the costs referred to in sub-s...
39 Lien on arbitral award and deposits as to costs
1.     Subject to the provisions of sub-section (2) to any provision to the contrary in the arbitration agreement, the arbitral tribunal shall have a lien on...
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, bu...
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 there out or in connection therewith shall be s...
42 Jurisdiction
Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force, where with respect to an arbitration agreement any ...
43 Limitations
1.     The Limitation Act, 1963 (36 of 1963), shall apply to arbitrations as it applies to proceedings in court. 2.     For the purposes of this section an...
Part II Enforcement of Certain Foreign Awards
Chapter I New York Convention Awards
44 Definition
In this Chapter, unless the context otherwise requires, "foreign award" means an arbitral award on differences between persons arising out of legal relations...
45 Power of judicial authority to refer parties to arbitration
Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter i...
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 m...
47 Evidence
1.     The party applying for the enforcement of a foreign award shall, at the time of the application, produces before the court- a.     the original award ...
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 party furnishes to the court proof...
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....
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...
51 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 a...
Chapter II Not to apply
52 Not to apply
Chapter II of this Part shall not apply in relation to foreign awards to which this Chapter applies....
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 after...
54 Power of judicial authority to refer parties to arbitration
Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, on being seized of a dispute regarding...
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 m...
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 ...
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 sub...
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....
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 ...
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 a...
Part III Conciliation
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 ...
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...
63 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 one conciliat...
64 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 sole conciliator; b.    ...
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 ...
66 Conciliator not bound by certain enactments
The conciliator is not bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872. (1 of 1872)....
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. ...
68 Administrative assistance
In order to facilitate the conduct of the conciliation proceedings, the parties, or the conciliator with the consent of the parties, may arrange for administr...
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 toge...
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 party ...
71 Co-operation of parties with conciliator
The parties shall in good faith co-operate with the conciliator and, in particular, shall endeavour to comply with requests by the conciliator to submit writt...
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....
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...
74 Status and 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 ar...
75 Confidentiality
. Notwithstanding anything contained in any other law for the time bring in force, the conciliator and the parties shall keep confidential all matters relatin...
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.    ...
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 ...
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 parti...
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 exp...
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 ...
81 Admissibility of evidence in other proceedings
The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the ...
Part IV Supplementary Provisions
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....
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 ...
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 ...
85 Repeal and savings
1.     The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act, 1940 (10 of 1940). and the Foreign Awards (Recognition and Enfor...
86 Repeal of Ordinance 27 of 1996 and saving
1.     The Arbitration and Conciliation (Third) Ordinance, 1996 (Ord 27 of 1996). is hereby repealed. 2.     Notwithstanding such repeal, any order, rule, ...
Schedules The Schedules
The First Schedule
1.     This Convention shall apply. to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the rec...
The Second Schedule
The undersigned, being duly authorised, declare that they accept, on behalf of the countries which they represent, the following provisions:- 1.     Each of...
The Third Schedule
1.     In the territories of any High Contracting Party to which the present Convention applies, an arbitral award made in pursuance of an agreement, whether...
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