The Arbitration and Conciliation Act, 1996

The Arbitration and Conciliation Act, 1996

ACT No. 26 OF 1996

PREAMBLE

An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto.

WHEREAS the United Nations Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985; AND WHEREAS the General Assembly of the United Nations has recommended that all countries give due consideration to the said Model Law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice;

AND WHEREAS the UNCITRAL adopted the UNCITRAL Conciliation Rules in 1980; 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 a 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;

ARRANGEMENT OF SECTIONS

PRELIMINARY
SECTIONS

  1. Short title, extent and commencement.
    PART I
    ARBITRATION
    CHAPTER I
    General Provisions
  2. Definitions.
  3. Receipt of written communications.
  4. Waiver of right to object.
  5. Extent of judicial intervention.
  6. Administrative assistance.
    CHAPTER II
    Arbitration Agreement
  7. Arbitration agreement.
  8. Power to refer parties to arbitration where there is an arbitration agreement.
  9. Interim measures, etc., by Court.
    CHAPTER III
    Composition of the arbitral tribunal
  10. Number of arbitrators.
  11. Appointment of arbitrators.
    11A. Power of Central Government to amend Fourth Schedule.
  12. Grounds for challenge.
  13. Challenge procedure.
  14. Failure or impossibility to act.
  15. Termination of mandate and substitution of the arbitrator.
    CHAPTER IV
    Jurisdiction of arbitral tribunals
  16. Competence of arbitral tribunal to rule on its jurisdiction.
  17. Interim measures ordered by the arbitral tribunal.
    CHAPTER V
    Conduct of arbitral proceedings
  18. Equal treatment of parties.
  19. Determination of rules of procedure.
  20. Place of arbitration.
  21. Commencement of arbitral proceedings.
  22. Language.
  23. Statements of claim and defense.
  24. Hearings and written proceedings.
  25. Default of a party.
  26. Expert appointed by the arbitral tribunal.
  27. Court assistance in taking evidence.
    CHAPTER VI
    Making of arbitral award and termination of proceedings
  28. Rules applicable to the substance of dispute.
  29. Decision making by panel of arbitrators.
    29A.Time limit for arbitral award.
    29B. Fast track procedure.
  30. Settlement.
  31. Form and contents of arbitral award.
    31A. Regime for costs.
  32. Termination of proceedings.
  33. Correction and interpretation of award; additional award.
    CHAPTER VII
    Recourse against arbitral award
  34. Application for setting aside arbitral awards.
    CHAPTER VIII
    Finality and enforcement of arbitral awards
  35. Finality of arbitral awards.
  36. Enforcement.
    CHAPTER IX
    Appeals
  37. Appealable orders.
    CHAPTER X
    Miscellaneous
  38. Deposits.
  39. Lien on arbitral award and deposits as to costs.
  40. Arbitration agreement not to be discharged by death of party thereto.
  41. Provisions in case of insolvency.
  42. Jurisdiction.
    42A. Confidentiality of information.
    42B. Protection of action taken in good faith.
  43. Limitations.
    PART II
    ENFORCEMENT OF CERTAIN FOREIGN AWARDS
    CHAPTER I
    New York Convention Awards
  44. Definition.
  45. Power of judicial authority to refer parties to arbitration.
  46. When foreign award binding.
  47. Evidence.
  48. Conditions for enforcement of foreign awards.
  49. Enforcement of foreign awards.
  50. Appealable orders.
  51. Saving.
  52. Chapter II not to apply.
    CHAPTER II
    Geneva Convention Awards
  53. Interpretation.
  54. Power of judicial authority to refer parties to arbitration.
  55. Foreign awards when binding.
  56. Evidence.
  57. Conditions for enforcement of foreign awards.
  58. Enforcement of foreign awards.
  59. Appealable orders.
  60. Savings.
    PART III
    CONCILIATION
  61. Application and scope.
  62. Commencement of conciliation proceedings.
  63. Number of conciliators.
  64. Appointment of conciliators.
  65. Submission of statements to conciliator.
  66. Conciliator not bound by certain enactments.
  67. Role of conciliator.
  68. Administrative assistance.
  69. Communication between conciliator and parties.
  70. Disclosure of information.
  71. Co-operation of parties with conciliator.
  72. Suggestions by parties for settlement of dispute.
  73. Settlement agreement.
  74. Status and effect of settlement agreement.
  75. Confidentiality.
  76. Termination of conciliation proceedings.
  77. Resort to arbitral or judicial proceedings.
  78. Costs.
  79. Deposits.
  80. Role of conciliator in other proceedings.
  81. Admissibility of evidence in other proceedings.
    PART IV
    SUPPLEMENTARY PROVISIONS
  82. Power of High Court to make rules.
  83. Removal of difficulties.
  84. Power to make rules.
  85. Repeal and savings.
  86. Repeal and saving.
  87. Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015.
    THE FIRST SCHEDULE.
    THE SECOND SCHEDULE.
    THE THIRD SCHEDULE.
    THE FOURTH SCHEDULE.
    THE FIFTH SCHEDULE.
    THE SIXTH SCHEDULE.
    THE SEVENTH SCHEDULE.
    APPENDIX.

The Arbitration and Conciliation Act, 1996

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