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Arbitration (Protocol and Convention) Act, 1937 [Repealed] Repealing Act 1

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1937

.....who inlaw represents the estate of a deceased person, and includes any person whointermeddles with the estate of the deceased, and, where a party acts in arepresentative character, the person on whom the estate devolves on the deathof the party so acting; (h) "party" means a party to an arbitrationagreement. (2) This Part shall apply where the place of arbitrationis in India. (3) This Part shall not affect any other law for the timebeing in force by virtue of which certain disputes may not be submitted toarbitration. (4) This Part except sub-section (1) of section 40,sections 41 and 43 shall apply to every arbitration under any other enactmentfor the time being in force, as if the arbitration were pursuant to anarbitration agreement and as if that other enactment were an arbitrationagreement, except in so far as the provision of this Part are inconsistent withthat other enactment or with any rules madethereunder; (5) Subject to the provisions of sub-section (4), and savein so far as is otherwise provided by any law for the time being in force or inany agreement in force between India and any other country or countries, thisPart shall apply to all arbitrations and to.....

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Arbitration Act, 1940 [Repealed] Repealing Act 1

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1940

.....who inlaw represents the estate of a deceased person, and includes any person whointermeddles with the estate of the deceased, and, where a party acts in arepresentative character, the person on whom the estate devolves on the deathof the party so acting; (h) "party" means a party to an arbitrationagreement. (2) This Part shall apply where the place of arbitrationis in India. (3) This Part shall not affect any other law for the timebeing in force by virtue of which certain disputes may not be submitted toarbitration. (4) This Part except sub-section (1) of section 40,sections 41 and 43 shall apply to every arbitration under any other enactmentfor the time being in force, as if the arbitration were pursuant to anarbitration agreement and as if that other enactment were an arbitrationagreement, except in so far as the provision of this Part are inconsistent withthat other enactment or with any rules madethereunder; (5) Subject to the provisions of sub-section (4), and savein so far as is otherwise provided by any law for the time being in force or inany agreement in force between India and any other country or countries, thisPart shall apply to all arbitrations and to.....

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Industrial Disputes Act, 1947 Chapter III

Title: Reference of Disputes to Boards, Courts or Tribunals

State: Central

Year: 1947

..... 10D. Proceedings in arbitration.---The proceedings in arbitration under this Chapter shall be in accordance with the provisions of the Arbitration Act, 1940 (Central Act X of 1940) in so far as they are applicable and the powers which are exercisable by a Civil Court under the said provisions shall be exercisable by the Industrial Tribunal. 10E. Special case may be stated to Industrial Tribunal.--The arbitrator may refer any question of law arising before him in any proceeding under this Act to the Industrial Tribunal for its decision. Any award made by the arbitrator shall be in accordance with such decision. 10F. Award by arbitrator.--The arbitrator shall, after hearing the parties concerned, make an award which shall be signed by him. 10G. Dispute to be referred to Industrial Tribunal if no arbitrator appointed.--Notwithstanding anything contained in this Chapter, if no provision has been made in any submission for the appointment of an arbitrator or where by reason of any circumstances no arbitrator is appointed, such dispute may be referred by the State Government for adjudication by the Industrial Tribunal. 10H. State Government may refer industrial dispute to.....

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Arbitration and Conciliation Act, 1996 Part 1

Title: Arbitration

State: Central

Year: 1996

.....and as if that other enactment were an arbitration agreement, except in so far as the provision of this Part are inconsistent with that other enactment or with any rules made thereunder; (5) Subject to the provisions of sub-section (4), and save in so far as is otherwise provided by any law for the time being in force or in any agreement in force between India and any other country or countries, this Part shall apply to all arbitrations and to all proceedings relating thereto. (6) Where this Part, except section 28, leaves the parties free to determine a certain issue, that freedom shall include the right of the parties to authorise any person including an institution, to 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.....

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Industrial Disputes Act, 1947 Section 10

Title: Reference of Disputes to Boards, Courts or Tribunals

State: Central

Year: 1947

.....is not the appropriate Government, is referred to a National Tribunal, then, notwithstanding anything contained in this Act, any reference in section 15, section 17, section 19, section 33A, section 33B and section 36A to the appropriate Government in relation to such dispute shall be construed as a reference to the Central Government but, save as aforesaid and as otherwise expressly provided in this Act, any reference in any other provision of this Act to the appropriate Government in relation to that dispute shall mean a reference to the State Government.] 7 [(8) No proceedings pending before a Labour Court, Tribunal or National Tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such Labour Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government.] STATE AMENDMENTS 13 Delhi In section 10, after sub-section (4), insert the following sub-section, namely:-- "(4A) Notwithstanding anything contained in section 9C and in this section, in the case of a dispute falling within the scope of section 2A, the.....

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Industrial Disputes Act, 1947 Section 10A

Title: Voluntary Reference of Disputes to Arbitration

State: Central

Year: 1947

.....pending settlement of dispute.--(1) Where an industrial dispute has been referred by the State Government to a Labour Court or a Tribunal under sub-section (1) of section 10 and if in the opinion of the State Government it is necessary or expedient so to do for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community or for maintaining employment or industrial peace in the establishment concerning which such reference has been made, it may, by general or special order, make provision,-- (a) for requiring the employer or workman or both to observe such terms and conditions of employment as may be specified in the order or as may be determined in accordance with the order, including payment of money by the employer to any person who is or has been a workman; (b) for requiring any public utility service not to close or remain closed and to work or continue to work on such terms and conditions as may be specified in the order; and (c) for any incidental or supplementary matter which appears to it to be necessary or expedient for the purpose of the order: Provided that no order made under this.....

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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 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.....

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Industrial Disputes Act, 1947 Section 2A

Title: Dismissal, Etc., of an Individual Workman to Be Deemed to Be an Industrial Dispute

State: Central

Year: 1947

.....to adjudicate such dispute has been referred to it for adjudication and accordingly all the provisions of this Act relating to adjudicaction of industrial disputes by the Labour Court shall apply to such adjudication." 4 West Bengal In section 2A,-- (a) after the words "dismisses, retrenches", insert the words "refuses employment"; (b) after the words "dismissal, retrenchment", insert the words "refusal of employment". ______________________ 1. Inserted by Act 35 of 1965, section 3 (w.e.f. 1-12-1965). 2. Vide Andhra Pradesh Act 32 of 1987, section 2 (w.e.f. 27-7-1987). 3. Vide Tamil Nadu Act 5 of 1988, section 2 (w.e.f. 1-11-1988). 4. Vide West Bengal Act 53 of 1989, section 3 (w.e.f. 8-12-1989).

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Arbitration Act, 1940 [Repealed] Complete Act

Title: Arbitration Act, 1940 [Repealed]

State: Central

Year: 1940

..... Section36 - 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 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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