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Arbitration and Conciliation Act 1996

THE ARBITRATION AND CONCILIATION ACT, 1996
ACT No. 26 OF 1996 [16th August, 1996.]

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.

PREAMBLE

PRELIMINARY

SECTIONS

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.
11A. Power of Central Government to amend Fourth Schedule.
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.
29A. Time limit for arbitral award.
29B. Fast track procedure.
30. Settlement.
31. Form and contents of arbitral award.
31A. Regime for costs.
32. Termination of proceedings.
33. Correction and interpretation of award; additional award.

CHAPTER VII
Recourse against arbitral award

34. Application for setting aside arbitral awards

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.
52. Chapter II not to apply.

CHAPTER II
Geneva Convention Awards

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. Savings.

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 and saving.

THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
THE FIFTH SCHEDULE.
THE SIXTH SCHEDULE.
THE SEVENTH SCHEDULE.

APPENDIX.

Haryana Tourism Ltd. v. M/s Kandhari Beverages Ltd.

Arbitration and Conciliation Act, 1996 – Ss. 34 & 37 – An award can be set aside only if the award is against the public policy of India, if the award is found to be contrary to, (a) fundamental policy of Indian Law; or (b) the interest of India; or (c) justice or morality; or (d) if it is patently illegal.

M/s Durga Welding Works v. Chief Engineer Railway Electrification

Arbitration and Conciliation Act, 1996 – Once an application under Section 11(6) of the Act has been filed for appointment of an Arbitrator before the High Court, the respondents forfeited their right to appoint an Arbitrator and the High Court alone holds jurisdiction to appoint an Arbitrator in exercise of power under Section 11(6) of the Act.

Amazon.com NV Investment Holdings LLC v. Future Retail Limited

Arbitration and Conciliation Act, 1996 ~ “Whether an “award” delivered by an Emergency Arbitrator under the Arbitration Rules of the Singapore International Arbitration Centre can be said to be an order under Section 17 (1) of the Arbitration Act” ~ Whether an order passed under Section 17(2) of the Arbitration Act in enforcement of the award of an Emergency Arbitrator by a learned Single Judge of the High Court is appealable. AIR 2021 SC 3723 : 2021 (9) SCALE 189