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Arbitration (Protocol and Convention) Act, 1937 [Repealed] Repealing Act 1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Arbitration Act, 1940 [Repealed] Repealing Act 1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 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.....

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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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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 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.

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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] 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 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:-

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