Arbitration And Conciliation Act, 1996

Number of arbitrators (1) The parties are free to determine the number of arbitrators, provided that such number shall not be an even number. (2) Failing the determination referred to in sub-section (1), the arbitral Tribunal shall consist of a sole arbitrator.

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.]

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.

Administrative assistance In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral Tribunal with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.

Extent of judicial intervention Notwithstanding anything contained in any other law for the time being in force, in matters governed by this Part, no judicial authority shall intervene except where so provided in this Part.

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.

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.

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.  

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.