Arbitration Act - Bare Acts

Arbitration Act, 1940 [Repealed] Complete Act

Title: Arbitration Act, 1940 [Repealed]

State: Central

Year: 1940

.....Section37 - Limitations Section38 - Disputes as to arbitrators remuneration or costs Chapter VI Section39 - Appealable orders Chapter VII Section40 - Small cause Court not to have jurisdiction over arbitratons save arbitrations in suits before it Section41 - Procedure and powers of court Section42 - Service of notice by party or arbitrator Section43 - Power of court to issue processes for appearance before arbitrator Section44 - Power to high court to make rules Section45 - Government to be bound Section46 - Application of act to statutory arbitrations Section47 - Act to apply to all arbitrations Section48 - Saving for pending references Section49 - Repeals and amendments [Repealed] ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE ScheduleIII - THIRD SCHEDULE ScheduleIV - FOURTH SCHEDULE Repealing Act1 - ARBITRATION AND CONCILIATION ACT, 1996

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Arbitration Act, 1940 [Repealed] Repealing Act 1

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1940

.....to determine thatissue. (7) An arbitral award made under this Part shall beconsidered domestic award. (8) Where this Part.- (a) refers to the fact that the parties have agreed orthat they may agree, or (b) in any other way refers to an agreement of theparties, that agreement shall include any arbitration rulesreferred to in that agreement. (9) Where this Part, other than clause (a) of section 25or clause (a) of sub-section (2) of section 32, refers to a claim, it shallalso apply to a counter-claim, and where it refers to a defence, it shall alsoapply to a defence to that counter-claim. 3. Receipt of written communications. (1) Unless otherwise agreed by the parties,- (a) any written communication is deemed to have beenreceived if it is delivered to the addressee personally or at his place ofbusiness, habitual residence or mailing address, and (b) if none of the places referred to in clause (a) can befound after making a reasonable inquiry, a written communication is deemed tohave been received if it is sent to the addressee's last known place ofbusiness, habitual residence or mailing address by registered letter or by anyother means which provides a record of.....

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Arbitration Act, 1940 [Repealed] Preamble 1

Title: Arbitration Act, 1940

State: Central

Year: 1940

THE ARBITRATION ACT, 1940 [Act, No. 10 of 1940]1 [11th March, 1940] PREAMBLE An Act to consolidate and amend the law relating to arbitration. Whereas it is expedient to consolidate and amend the law relating to arbitration 2 [**] It is hereby enacted as follows: ___________________________ 1. For the Statement of Objects and Reasons, see Gazette of India, 1939, Pt. V, pg. 142; for the Report of the Select committee, 1940, Pt. V, p. 35; THIS ARBITRATION ACT, 1940 HAS NOW BEEN REPEALED BY THE ARBITRATION AND CONCILIATION ACT, 1996 26 OF 1996, SECTION 86 W.E.F. 25th JANUARY, 1996. 2. The words "in the Provinces" omitted by the A.O., 1950.

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Arbitration (Protocol and Convention) Act, 1937 [Repealed] Repealing Act 1

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1937

.....to determine thatissue. (7) An arbitral award made under this Part shall beconsidered domestic award. (8) Where this Part.- (a) refers to the fact that the parties have agreed orthat they may agree, or (b) in any other way refers to an agreement of theparties, that agreement shall include any arbitration rulesreferred to in that agreement. (9) Where this Part, other than clause (a) of section 25or clause (a) of sub-section (2) of section 32, refers to a claim, it shallalso apply to a counter-claim, and where it refers to a defence, it shall alsoapply to a defence to that counter-claim. 3. Receipt of written communications. (1) Unless otherwise agreed by the parties,- (a) any written communication is deemed to have beenreceived if it is delivered to the addressee personally or at his place ofbusiness, habitual residence or mailing address, and (b) if none of the places referred to in clause (a) can befound after making a reasonable inquiry, a written communication is deemed tohave been received if it is sent to the addressee's last known place ofbusiness, habitual residence or mailing address by registered letter or by anyother means which provides a record of.....

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Arbitration Act, 1940 [Repealed] Chapter II

Title: Arbitration Without Intervention of a Court

State: Central

Year: 1940

.....cause being shown allow further time to the defaulting party to appoint an arbitrator or pass such other order as it thinks fit. Explanation.-The fact that an arbitrator or umpire, after a request by either party to enter on and proceed with the reference, does not within one month comply with the request may constitute a neglect or refusal to act within the meaning of Sec. 8 and this section. Section 10 - Provisions as to appointment of three of more arbitrators (1) Where an arbitration agreement provides that a reference shall be to three arbitrators, one to be appointed by each party and the third by the two appointed arbitrators, the agreement shall have effect as if it provided for the appointment of an umpire, and not for the appointment of a third arbitrator, by the two arbitrators appointed by the parties. (2) Where an arbitration agreement provides that a reference shall be to three arbitrators to be appointed otherwise than as mentioned in sub-section (1), the award of the majority shall, unless the arbitration agreement otherwise provides, prevail. (3) Where an arbitration agreement provides for the appointment of more arbitrators than three, the award of.....

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Arbitration Act, 1940 [Repealed] Chapter IV

Title: Arbitration in Suits

State: Central

Year: 1940

.....reference. Section 22 - Appointment of arbitrator The arbitrator shall be appointed in such manner as may be agreed upon between the parties. Section 23 - Order of reference (1) The Court shall, by order, refer to the arbitrator the matter in difference which he is required to determine, and shall in the order specify such time as it thinks reasonable for the making of the award. (2) Where a matter is referred to arbitration, the Court shall not, save in the manner and to the extent provided in this Act, deal with such matter in the suit. Section 24 - Reference to arbitration by some of the parties Where some only of the parties to a suit apply to have the matters in difference between them referred to arbitration in accordance with, and in the manner provided by Sec.21, the Court may, if it thinks fit, so refer such matters to arbitration (provided that the same can be separated from the rest of the subject-matter of the suit) in the manner provided in that section but the suit shall continue so far as it relates to the parties who have not joined in the said application and to matters not contained in the said reference as if no such application had been made,.....

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Arbitration and Conciliation Act, 1996 Complete Act

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1996

..... Section11 - Appointment of arbitrators Section12 - Grounds for challenge Section13 - Challenge procedure Section14 - Failure or impossibility to act Section15 - Termination of mandate and substitution of arbitrator Chapter 4 Section16 - Competence of arbitral tribunal to rule on its jurisdiction Section17 - Interim measures ordered by arbitral tribunal Chapter 5 Section18 - Equal treatment of parties Section19 - Determination of rules of procedure Section20 - Place of arbitration Section21 - Commencement of arbitral proceedings Section22 - Language Section23 - Statements of claim and defence Section24 - Hearings and written proceedings Section25 - Default of a party Section26 - Expert appointed by arbitral tribunal Section27 - Court assistance in taking evidence Chapter 6 Section28 - Rules applicable to substance of dispute Section29 - Decision making by panel of arbitrators Section30 - Settlement Section31 - Form and contents of arbitral award Section32 - Termination of proceedings Section33 - Correction and interpretation of award; additional award Chapter 7 Section34 - Application for setting aside arbitral award Chapter 8 Section35 - Finality of.....

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Arbitration Act, 1940 [Repealed] Section 34

Title: Power to Stay Legal Proceeding Where there is an Arbitration Agreement

State: Central

Year: 1940

Where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings ; and if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings.

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Arbitration Act, 1940 [Repealed] Section 24

Title: Reference to Arbitration by Some of the Parties

State: Central

Year: 1940

Where some only of the parties to a suit apply to have the matters in difference between them referred to arbitration in accordance with, and in the manner provided by Sec.21, the Court may, if it thinks fit, so refer such matters to arbitration (provided that the same can be separated from the rest of the subject-matter of the suit) in the manner provided in that section but the suit shall continue so far as it relates to the parties who have not joined in the said application and to matters not contained in the said reference as if no such application had been made, and an award made in pursuance of such a reference shall be binding only on the parties who have joined in the application.

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Arbitration Act, 1940 [Repealed] Section 33

Title: Arbitration Agreement or Award to Be Contested by Application

State: Central

Year: 1940

Any party to an arbitration agreement or any person claiming under him desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall apply to the Court and the Court shall decide that question on affidavits: Provided that where the Court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for discovery and particulars as it may do in a suit.

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