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Home Bare Acts Phrase: conciliationArbitration (Protocol and Convention) Act, 1937 [Repealed] Repealing Act 1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.....
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Repealing Act 1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.....
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Part 1
Title: Arbitration
State: Central
Year: 1996
.....determine that issue. (7) An arbitral award made under this Part shall be considered domestic award. (8) Where this Part. (a) refers to the fact that the parties have agreed or that they may agree, or (b) in any other way refers to an agreement of the parties, that agreement shall include any arbitration rules referred to in that agreement. (9) Where this Part, other than clause (a) of section 25 or clause (a) of sub-section (2) of section 32, refers to a claim, it shall also apply to a counter-claim, and where it refers to a defence, it shall also apply to a defence to that counter-claim. Section 3 - Receipt of written communications. (1) Unless otherwise agreed by the parties, (a) any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and (b) if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence or mailing address by registered letter or by any other means.....
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Part 3
Title: Conciliation
State: Central
Year: 1996
.....to conciliator (1) The conciliator, upon hisappointment, may request each party to submit to him a brief written statementof his position and the facts and grounds in support thereof, supplement by anydocuments and other evidence that such party deems appropriate. Theparty shall send a copy of such statement, documents and other evidence to theother party. (2) The Conciliator may requesteach party to submit to him a further written statement of his position and thefacts and grounds in support thereof, supplemented by any documents and otherevidence that such party deems appropriate. The party shall send a copyof such statement, documents and other evidence to the other party. (3) At an stage of the conciliationproceedings, the conciliator may request a party to submit to him suchadditional information as he deems appropriate. Explanation.-- Inthis section and all the following sections of this Part, the term"conciliator" applies to a sole conciliator, to or three conciliatorsas the case may be. Section 66 - Conciliator not bound by certain enactments The conciliator is not bound by the Code of Civil Procedure, 1908 (5 of 1908)or the Indian Evidence Act, 1872 (1 of.....
View Complete Act List Judgments citing this sectionArbitration 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.....
View Complete Act List Judgments citing this sectionArbitration 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.....
List Judgments citing this sectionArbitration 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 64
Title: Appointment of Conciliators
State: Central
Year: 1996
.....may appoint one conciliator and the parties may agree on the name of the third conciliator who shall act as the presiding conciliator. (2) Parties may enlist the assistance of a suitable institution or person in connection with the appointment of conciliators and in particular, (a) a party may request such an institution or person to recommend the names of suitable individuals to act as conciliator; or (b) the parties may agree that the appointment of one or more conciliators be made directly by such an institution or person: Provided that in recommending or appointing individuals to act as conciliator, the institution or person shall have regard to such considerations as are likely to secure the appointment of an independent and impartial conciliator and, with respect to a sole or third conciliator, shall take into account the advisability of appointing a conciliator of a nationality other than the nationalities of the parties.
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Preamble 1
Title: The Arbitration and Conciliation Act, 1996
State: Central
Year: 1996
.....AND WHEREAS the General Assembly of the United Nations has recommended the use of the said Rules in cases where a dispute arises in the context of international commercial relations and the parties seek an amicable settlement of that dispute by recourse to conciliation; AND WHEREAS the said Model Law and Rules make significant contribution to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations; AND WHEREAS it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid Model Law and Rules; BE it enacted by Parliament in the forty-seventh Year of the Republic of India as follows:-
View Complete Act List Judgments citing this sectionArbitration 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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