July 1, 2024

Section 9 – Arbitration And Conciliation Act, 1996

Arbitration And Conciliation Act, 1996 / /

Interim measures, etc., by Court  [(1)] 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 unsound mind for the purposes of arbitral proceedings; or (ii)   for an interim measure of protection in respect of any of the following matters, namely:— (a)   the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement; (b)   securing the amount in dispute in the arbitration; (c)   the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence; (d)   interim injunction or the appointment of a receiver; (e)   such other interim measure of protection as may appear to the Court to be just and convenient, and the Court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it. [(2) Where, before the commencement of the arbitral proceedings, a Court passes an order for any interim measure of protection under sub-section (1), the arbitral proceedings shall be commenced within a period of ninety days from the date of such order or within such further time as the Court may determine. (3) Once the arbitral Tribunal has been constituted, the Court shall not entertain an application under sub-section (1), unless the Court finds that circumstances exist which may not render the remedy provided under section 17 efficacious.]

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Section 8 – Arbitration And Conciliation Act, 1996

Business / /

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 to the arbitration agreement or any person claiming through or under him, so applies not later than the date of submitting his first statement on the substance of the dispute, then, notwithstanding any judgment, decree or order of the Supreme Court or any Court, refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement exists.] (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: [Provided that where the original arbitration agreement or a certified copy thereof is not available with the party applying for reference to arbitration under sub-section (1), and the said agreement or certified copy is retained by the other party to that agreement, then, the party so applying shall file such application along with a copy of the arbitration agreement and a petition praying the Court to call upon the other party to produce the original arbitration agreement or its duly certified copy before that Court.] (3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, and arbitration may be commenced or continued and an arbitral award made. UNION TERRITORY AMENDMENT JAMMU AND KASHMIR/LADAKH ♦ Sections 8A and 8B –   After section 8, insert the following sections, namely:—     “8A. Power of the court, seized of petitions under sections 9 or 11 of the Act, to refer the dispute to Mediation or Conciliation.— (1)   If during the pendency of petitions under sections 9 or 11 of the Act, it appears to the court, that there exists elements of a settlement which may be acceptable to the parties, the court may, with the consent of parties, refer the parties, for resolution of their disputes, to,— (a)   mediation; or (b)   conciliation. (2)   The procedure for reference of a dispute to mediation is as under— (a)   where a dispute has been referred for resolution by recourse to mediation, the procedure framed under that Act shall apply; (b)   in case of a successful resolution of the dispute, the Mediator shall immediately forward the mediated settlement to the referral court; (c)   on receipt of the mediated settlement, the referral court shall independently apply its judicial mind and record a satisfaction that the mediated settlement is genuine, lawful, voluntary, entered into without coercion, undue influence, fraud or misrepresentation and that there is no other legal impediment in accepting the same; (d)   the court shall record a statement on oath of the parties, or their authorised representatives, affirming the mediated settlement as well as a clear undertaking of the parties to abide by the terms of the settlement; (e)   if satisfied, the court shall pass an order in terms of the settlement; (f)   if the main petition, in which the reference was made is pending, it shall be disposed of by the referral court in terms thereof; (g)   if the main petition, in which the reference was made stands disposed of, the mediated settlement and the matter shall be listed before the referral court, which shall pass orders in accordance with clauses (iii), (iv) and (v); (h)   such a mediated settlement, shall have the same status and effect as an arbitral award and may be enforced in the manner specified under section 36 of the Act. (3)   With respect to reference of a dispute to conciliation, the provisions of Part II of this Act shall apply as if the conciliation proceedings were initiated by the parties under the relevant provision of this Act.     8B. Power of the court, seized of matters under section 34 or 37 of the Act, to refer the dispute to Mediation or Conciliation.— (1)   If during the pendency of a petition under section 34 or an appeal under section 37 of the Act, it appears to the court, that there exists elements of a settlement which may be acceptable to the parties, the court may, with the consent of parties, refer the parties, for resolution of their disputes, to:— (a)   mediation; or (b)   conciliation. (2)   The procedure for reference of a dispute to mediation is as under:— (a)   where a dispute has been referred for resolution by recourse to mediation, the procedure framed under the Act shall apply; (b)   in case of a successful resolution of the dispute, the Mediator shall immediately forward the mediated settlement to the referral court; (c)   on receipt of the mediated settlement, the referral court shall independently apply its judicial mind and record a satisfaction that the mediated settlement is genuine, lawful, voluntary, entered into without coercion, undue influence, fraud or misrepresentation and that there is no other legal impediment in accepting the same; (d)   the court shall record a statement on oath of the parties, or their authorized representatives, affirming the mediated settlement, a clear undertaking of the parties to abide by the terms of the settlement as well as statement to the above effect; (e)   if satisfied, the court shall pass an order in terms of the settlement; (f)   if the main petition, in which the reference was made is pending, it shall be disposed of by the referral court in terms thereof; (g)   if the main petition, in which the reference was made stands disposed of, the mediated settlement and the matter shall be listed before the referral court, which shall pass orders in accordance with clauses (iii), (iv) and (v); (h)   such a mediated settlement, shall have the status of a modified arbitral award and may be enforced in the manner specified under section 36 of the Act. (3)   With respect to reference of a

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Section 7 – Arbitration And Conciliation Act, 1996

Arbitration And Conciliation Act, 1996 / /

Arbitration agreemen (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 [including communication through electronic means] 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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Section 4 – Arbitration And Conciliation Act, 1996

Arbitration And Conciliation Act, 1996 / /

Waiver of right to object A party who knows that— (a)   any provision of this Part from which the parties may derogate, or (b)   any requirement under the arbitration agreement, has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time limit is provided for stating that objection, within that period of time, shall be deemed to have waived his right to so object.

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Section 3 – Arbitration And Conciliation Act, 1996

Arbitration And Conciliation Act, 1996 / /

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 which provides a record of the attempt to deliver it. (2) The communication is deemed to have been received on the day it is so delivered. (3) This section does not apply to written communications in respect of proceedings of any judicial authority.

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Section 2 – Arbitration And Conciliation Act, 1996

Arbitration And Conciliation Act, 1996 / /

Definitions (1) In this Part, unless the context otherwise requires,— (a)   “arbitration” means any arbitration whether or not administered by permanent arbitral institution; (b)   “arbitration agreement” means an agreement referred to in section 7; (c)   “arbitral award” includes an interim award; [(ca)   “arbitral institution” means an arbitral institution designated by the Supreme Court or a High Court under this Act;] (d)   “arbitral Tribunal” means a sole arbitrator or a panel of arbitrators; [(e)   “Court” means— (i)   in the case of an arbitration other than international commercial arbitration, the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes; (ii)   in the case of international commercial arbitration, the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, and in other cases, a High Court having jurisdiction to hear appeals from decrees of courts subordinate to that High Court;] (f)   “international commercial arbitration” means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is— (i)   an individual who is a national of, or habitually resident in, any country other than India; or (ii)   a body corporate which is incorporated in any country other than India; or (iii)   [***] an association or a body of individuals whose central management and control is exercised in any country other than India; or (iv)   the Government of a foreign country; (g)   “legal representative” means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting; (h)   “party” means a party to an arbitration agreement. [(i)   “prescribed” means prescribed by rules made under this Act; (j)   “regulations” means the regulations made by the Council under this Act.] Scope. (2) This Part shall apply where the place of arbitration is in India : [Provided that subject to an agreement to the contrary, the provisions of sections 9, 27 and [clause (b)] of sub-section (1) and sub-section (3) of section 37 shall also apply to international commercial arbitration, even if the place of arbitration is outside India, and an arbitral award made or to be made in such place is enforceable and recognised under the provisions of Part II of this Act.] (3) This Part shall not affect any other law for the time being in force by virtue of which certain disputes may not be submitted to arbitration. (4) This Part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except insofar as the provisions 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 insofar 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. Construction of references. (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 as a 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 when it refers to a defence, it shall also apply to a defence to that counter-claim.  

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Section 1 – Arbitration And Conciliation Act, 1996

Arbitration And Conciliation Act, 1996 / /

Short title, extent and commencement (1) This Act may be called the Arbitration and Conciliation Act, 1996. (2) It extends to the whole of India : [***] [Explanation.—In this sub-section, the expression “international commercial conciliation” shall have the same meaning as the expression “international commercial arbitration” in clause (f) of sub-section (1) of section 2, subject to the modification that for the word “arbitration” occurring therein, the word “conciliation” shall be substituted.] (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

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