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The Arbitration and Conciliation Act, 1996

Contents

 

Sections

Particulars

 

Preamble

1

Short title. extent and commencement

Part I

Arbitration

Chapter I

General provisions

2

Definitions

3

Receipt of written communications

4

Waiver of right to object

5

Extent of judicial intervention

6

Administrative assistance

Chapter II

Arbitration agreement

7

Arbitration agreement

8

Power to refer parties to arbitration where there is an arbitration agreement

9

Interim measures etc. by Court.

Chapter III

Composition of arbitral tribunal

10

Number of arbitrators

11

Appointment of arbitrators

12

Grounds for challenge

13

Challenge procedure

14

Failure or impossibility to act

15

Termination of mandate and substitution of arbitrator

Chapter IV

Jurisdiction of arbitral tribunals

16

Competence of arbitral tribunal to rule on its jurisdiction

17

Interim measures ordered by arbitral tribunal

Chapter V

Conduct of arbitral proceedings

18

Equal treatment of parties

19

Determination of rules of procedure

20

Place of arbitration

21

Commencement of arbitral proceedings

22

Language

23

Statements of claim and defence

24

Hearings and written proceedings

25

Default of a party

26

Expert appointed by arbitral tribunal

27

Court assistance in taking evidence

Chapter VI

Making of arbitral award and termination of proceedings

28

Rules applicable to substance of dispute

29

Decision making by panel of arbitrators

30

Settlement

31

Form and contents of arbitral award

32

Termination of proceedings

33

Correction and interpretation of award; additional award

Chapter VII

Recourse against arbitral award

34

Application for setting aside arbitral award

Chapter VIII

Finality and enforcement of arbitral awards

35

Finality of arbitral awards

36

Enforcement

Chapter IX

Appeals

37

Appealable orders

Chapter X

Miscellaneous

38

Deposits

39

Lien on arbitral award and deposits as to costs

40

Arbitration agreement not to be discharged by death of party thereto

41

Provisions in case of insolvency

42

Jurisdiction

43

Limitations

Part II

Enforcement of Certain Foreign Awards

Chapter I

New York Convention Awards

44

Definition

45

Power of judicial authority to refer parties to arbitration

46

When foreign award binding

47

Evidence

48

Conditions for enforcement of foreign awards

49

Enforcement of foreign awards

50

Appealable orders

51

Saving

Chapter II

Not to apply

52

Not to apply

53

Interpretation

54

Power of judicial authority to refer parties to arbitration

55

Foreign awards when binding

56

Evidence

57

Conditions for enforcement of foreign awards

58

Enforcement of foreign awards

59

Appealable orders

60

Saving

Part III

Conciliation

61

Application and scope

62

Commencement of conciliation proceedings

63

Number of conciliators

64

Appointment of conciliators

65

Submission of statements to conciliator

66

Conciliator not bound by certain enactments

67

Role of conciliator

68

Administrative assistance

69

Communication between conciliator and parties

70

Disclosure of information

71

Co-operation of parties with conciliator

72

Suggestions by parties for settlement of dispute

73

Settlement agreement

74

Status and effect of settlement agreement

75

Confidentiality

76

Termination of conciliation proceedings

77

Resort to arbitral or judicial proceedings

78

Costs

79

Deposits

80

Role of conciliator in other proceedings

81

Admissibility of evidence in other proceedings

Part IV

Supplementary Provisions

82

Power of High Court to make rules

83

Removal of difficulties

84

Power to make rules

85

Repeal and savings

86

Repeal of Ordinance 27 of 1996 and saving

Schedules

The Schedules

 

The First Schedule

 

The Second Schedule

 

The Third Schedule

THE ARBITRATION AND CONCILIATION ACT, 1996 ACT NO. 26 OF 1996 [16th August, 1996.] BE it enacted by Parliament in the Forty-seventh Year of the Republic of India as follows:- An Act to 'consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.



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