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Start Free TrialArbitration and Conciliation Act, 1996 Chapter 2
Title: Arbitration Agreement
State: Central
Year: 1996
.....constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract. Section 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 later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration. (2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof. (3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. Section 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 36, apply to a court- (i) for the appointment of a guardian for a minor or person of.....
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Section 7
Title: Arbitration Agreement
State: Central
Year: 1996
(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 may arise between them in respect of a defined legal relationship, whether contractual or not. (2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. (3) An arbitration agreement shall be in writing. (4) An arbitration agreement is in writing if it is contained in- (a) a document signed by the parties; (b) an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement; or (c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other. (5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Section 8
Title: Power to Refer Parties to Arbitration Where there is an Arbitration Agreement
State: Central
Year: 1996
(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 later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration. (2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof. (3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made.
View Complete Act List Judgments citing this sectionArbitration 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.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 20
Title: Application to File in Court Arbitration Agreement
State: Central
Year: 1940
.....been presented by all the parties, or, if otherwise, between the applicant as plaintiff and the other parties as defendants. (3) On such application being made, the Court shall direct notice thereof to be given to all parties to the agreement other than the applicants requiring them to show cause within the time specified in the notice why the agreement should not be filed. (4) Where no sufficient cause is shown, the Court shall order the agreement to be filed, and shall make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise, or, where the parties cannot agree upon an arbitrator, to an arbitrator appointed by the Court. (5) Thereafter the arbitration shall proceed in accordance with, and shall be governed by, the other provisions of this Act so far as they can be made applicable.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 36
Title: Power of Court, Where Arbitration Agreement is Ordered Not to Apply to a Particular Difference, to Order That a Provision Making an Award a Condition Precedent to an Action Shall Not Shall Not Apply to Such Difference
State: Central
Year: 1940
Where it is provided (whether in the arbitration agreement or otherwise) that an award under an arbitration agreement shall be a condition precedent to the bringing of an action with respect to any matter to which the agreement applies, the Court, if it orders (whether under this Act or any other law) that the agreement shall cease to have effect as regards any particular difference, may further order that the said provision shall also cease to have effect as regards that difference.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 32
Title: Bar to Suits Contesting Arbitration Agreement or Award
State: Central
Year: 1940
Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the existence, effect or validity of an arbitration agreement or award, nor shall any arbitration agreement or award be1[enforced] set aside, amended, modified or in any way affected otherwise than as provided in this Act. __________________________ 1. Inserted By Act 47 of 1963, Section 43 w.e.f. 1st March, 1964.
View Complete Act List Judgments citing this sectionArbitration 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.
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Section 40
Title: Arbitration Agreement Not to Be Discharged by Death of Party Thereto
State: Central
Year: 1996
(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, but shall in such event by enforceable by or against the legal representative of the deceased. (2) The mandate of an arbitrator shall not be terminated by the death of any party by whom he was appointed. (3) Nothing in this section shall affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 3
Title: Provisions in Implied Arbitration Agreement
State: Central
Year: 1940
An arbitration agreement, unless a different intention is expressed therein, shall be deemed to include the provisions set out in the First Schedule in so far as they are applicable to the reference.
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