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.
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.
1. Short title, extent and commencement.
3. Receipt of written communications.
4. Waiver of right to object.
5. Extent of judicial intervention.
6. Administrative assistance.
7. Arbitration agreement.
8. Power to refer parties to arbitration where there is an arbitration agreement.
9. Interim measures, etc., by Court.
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.
Jurisdiction of arbitral tribunals
16. Competence of arbitral tribunal to rule on its jurisdiction.
17. Interim measures ordered by arbitral tribunal.
Conduct of arbitral proceedings
18. Equal treatment of parties.
19. Determination of rules of procedure.
20. Place of arbitration.
21. Commencement of arbitral proceedings.
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.
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.
31. Form and contents of arbitral award.
31A. Regime for costs.
32. Termination of proceedings.
33. Correction and interpretation of award; additional award.
Recourse against arbitral award
Finality and enforcement of arbitral awards
35. Finality of arbitral awards.
37. Appealable orders.
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.
ENFORCEMENT OF CERTAIN FOREIGN AWARDS
New York Convention Awards
45. Power of judicial authority to refer parties to arbitration.
46. When foreign award binding.
48. Conditions for enforcement of foreign awards.
49. Enforcement of foreign awards.
50. Appealable orders.
52. Chapter II not to apply.
Geneva Convention Awards
54. Power of judicial authority to refer parties to arbitration.
55. Foreign awards when binding.
57. Conditions for enforcement of foreign awards.
58. Enforcement of foreign awards.
59. Appealable orders.
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.
76. Termination of conciliation proceedings.
77. Resort to arbitral or judicial proceedings.
80. Role of conciliator in other proceedings.
81. Admissibility of evidence in other proceedings.
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.
Arbitration and Conciliation Act, 1996 – S. 37 – Where two views are possible, the Court cannot interfere in the plausible view taken by the arbitrator supported by reasoning.
Arbitration and Conciliation Act, 1996 – Ss. 14 r/w. 11 & 15 – Neutrality of Arbitrators.
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.
Arbitration and Conciliation Act, 1996 – Section 34 (4) of the Act, can be resorted to record reasons on the finding already given in the award or to fill up the gaps in the reasoning of the award.
Arbitration and Conciliation Act, 1996 – Difference between Conciliation and Arbitration – Proceedings for conciliation and arbitration cannot be clubbed.
Arbitration and Conciliation Act, 1996 – Ss. 9 & 36 – Grant of interim measures by the court – Enforcement of Award – Post award reliefs in the nature of enforcement must be pursued by filing an execution application. Read More »Tulika Devidayal v. Pradipkumar Laxmanbhai Patel
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
Sanjay Gupta v. Kerala State Industrial Development Corporation Ltd.,Tvm., R.P. No. 1162 of 2008 Ker.
2009 (4) KHC 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM Justice Thottathil B. Radhakrishnan 2009-07-29T00:00:00 R.P. No. 1162 of 2008 Advocates appearing for… Read More »Sanjay Gupta v. Kerala State Industrial Development Corporation Ltd.,Tvm., R.P. No. 1162 of 2008 Ker.
2009 (3) KHC 731, 2009 (4) KLT 192 IN THE HIGH COURT OF KERALA AT ERNAKULAM Justice K.M.Joseph and Justice M.L.Joseph Francis 2009-07-27T00:00:00 Arb.A. No.… Read More »Balachandran D.P. v. S.Parthasarathy, Arb.A. No. 38 of 2008 Ker.