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THE ARBITRATION AND CONCILIATION ACT, 1996

ACT No. 26 OF 1996 · Enacted [16th August, 1996.] · 93 sections

PRELIMINARY

Section 1.Short title, extent and commencement.

CHAPTER I General provisions

Section 2.Definitions.
Section 3.Receipt of written communications.
Section 4.Waiver of right to object.
Section 5.Extent of judicial intervention.
Section 6.Administrative assistance.

CHAPTER II Arbitration agreement

Section 7.Arbitration agreement.
Section 8.Power to refer parties to arbitration where there is an arbitration agreement.
Section 9.Interim measures, etc., by Court.

CHAPTER III Composition of arbitral tribunal

Section 10.Number of arbitrators.
Section 11.Appointment of arbitrators.
Section 11A.Power of Central Government to amend Fourth Schedule.
Section 12.Grounds for challenge.
Section 13.Challenge procedure.
Section 14.Failure or impossibility to act.
Section 15.Termination of mandate and substitution of arbitrator.

CHAPTER IV Jurisdiction of arbitral tribunals

Section 16.Competence of arbitral tribunal to rule on its jurisdiction.
Section 17.Interim measures ordered by arbitral tribunal.

CHAPTER V Conduct of arbitral proceedings

Section 18.Equal treatment of parties.
Section 19.Determination of rules of procedure.
Section 20.Place of arbitration.
Section 21.Commencement of arbitral proceedings.
Section 22.Language.
Section 23.Statements of claim and defence.
Section 24.Hearings and written proceedings.
Section 25.Default of a party.
Section 26.Expert appointed by arbitral tribunal.
Section 27.Court assistance in taking evidence.

CHAPTER VI Making of arbitral award and termination of proceedings

Section 28.Rules applicable to substance of dispute.
Section 29.Decision making by panel of arbitrators.
Section 29A.Time limit for arbitral award.
Section 29B.Fast track procedure.
Section 30.Settlement.
Section 31.Form and contents of arbitral award.
Section 31A.Regime for costs.
Section 32.Termination of proceedings.
Section 33.Correction and interpretation of award; additional award.

CHAPTER VII Recourse against arbitral award

Section 34.Application for setting aside arbitral awards.

CHAPTER VIII Finality and enforcement of arbitral awards

Section 35.Finality of arbitral awards.
Section 36.Enforcement.

CHAPTER IX Appeals

Section 37.Appealable orders.

CHAPTER X Miscellaneous

Section 38.Deposits.
Section 39.Lien on arbitral award and deposits as to costs.
Section 40.Arbitration agreement not to be discharged by death of party thereto.
Section 41.Provisions in case of insolvency.
Section 42.Jurisdiction.
Section 42A.Confidentiality of information.
Section 42B.Protection of action taken in good faith.
Section 43.Limitations.

CHAPTER I New York Convention Awards

Section 44.Definition.
Section 45.Power of judicial authority to refer parties to arbitration.
Section 46.When foreign award binding.
Section 47.Evidence.
Section 48.Conditions for enforcement of foreign awards.
Section 49.Enforcement of foreign awards.
Section 50.Appealable orders.
Section 51.Saving.
Section 52.Chapter II not to apply.

CHAPTER II Geneva Convention Awards

Section 53.Interpretation.
Section 54.Power of judicial authority to refer parties to arbitration.
Section 55.Foreign awards when binding.
Section 56.Evidence.
Section 57.Conditions for enforcement of foreign awards.
Section 58.Enforcement of foreign awards.
Section 59.Appealable orders.
Section 60.Savings.

CONCILIATION

Section 61.Application and scope.
Section 62.Commencement of conciliation proceedings.
Section 63.Number of conciliators.
Section 64.Appointment of conciliators.
Section 65.Submission of statements to conciliator.
Section 66.Conciliator not bound by certain enactments.
Section 67.Role of conciliator.
Section 68.Administrative assistance.
Section 69.Communication between conciliator and parties.
Section 70.Disclosure of information.
Section 71.Co-operation of parties with conciliator.
Section 72.Suggestions by parties for settlement of dispute.
Section 73.Settlement agreement.
Section 74.Status and effect of settlement agreement.
Section 75.Confidentiality.
Section 76.Termination of conciliation proceedings.
Section 77.Resort to arbitral or judicial proceedings.
Section 78.Costs.
Section 79.Deposits.
Section 80.Role of conciliator in other proceedings.
Section 81.Admissibility of evidence in other proceedings.

SUPPLEMENTARY PROVISIONS

Section 82.Power of High Court to make rules.
Section 83.Removal of difficulties.
Section 84.Power to make rules.
Section 85.Repeal and savings.
Section 86.Repeal and saving.
Section 87.Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015.