Sections in the index
- Section 1This Convention shall apply to the recognition and enforcement of arbitral awards made in the
- Section 2The arbitrator currently represents or advises one of the parties or an affiliate of one of the parties.
- Section 3Ins. by s. 2, ibid. (w.e. f. 23-10-2015).
- Section 4The arbitrator is a lawyer in the same law firm which is representing one of the parties.
- Section 5The arbitrator is a manager, director or part of the management, or has a similar controlling
- Section 6The arbitrator’s law firm had a previous but terminated involvement in the case without the
- Section 7The present Protocol may be denounced by any Contracting State on giving one year's notice.
- Section 8Power to refer parties to arbitration where there is an arbitration agreement.
- Section 9Interim measures, etc., by Court.—1[(1)]A party may, before or during arbitral proceedings or at
- Section 10Number of arbitrators.—(1) The parties are free to determine the number of arbitrators,
- Section 11The arbitrator is a legal representative of an entity that is a party in the arbitration.
- Section 12Grounds for challenge.—4[(1) When a person is approached in connection with his possible
- Section 13The arbitrator has a significant financial interest in one of the parties or the outcome of the case.
- Section 14The arbitrator regularly advises the appointing party or an affiliate of the appointing party, and the
- Section 15The arbitrator has given legal advice or provided an expert opinion on the dispute to a party or an
- Section 16The arbitrator has previous involvement in the case.
- Section 17The arbitrator holds shares, either directly or indirectly, in one of the parties or an affiliate of one
- Section 18Equal treatment of parties.—The parties shall be treated with equality and each party shall be
- Section 19The arbitrator or a close family member of the arbitrator has a close relationship with a third party
- Section 20Place of arbitration.
- Section 21The arbitrator has within the past three years served as counsel against one of the parties or an
- Section 22Language.—(1) The parties are free to agree upon the language or languages to be used in the
- Section 23The arbitrator’s law firm has within the past three years acted for one of the parties or an affiliate
- Section 24Hearings and written proceedings.—(1) Unless otherwise agreed by the parties, the arbitral
- Section 25Default of a party.—Unless otherwise agreed by the parties, where, without showing sufficient
- Section 26Expert appointed by arbitral tribunal.—(1) Unless otherwise agreed by the parties, the arbitral
- Section 27A lawyer in the arbitrator’s law firm is an arbitrator in another dispute involving the same party or
- Section 28Rules applicable to substance of dispute.—(1) Where the place of arbitration is situate in
- Section 29Decision making by panel of arbitrators.—(1) Unless otherwise agreed by the parties, in arbitral
- Section 30Settlement.—(1) It is not incompatible with an arbitration agreement for an arbitral tribunal to
- Section 31Form and contents of arbitral award.—(1) An arbitral award shall be made in writing and shall
- Section 32Termination of proceedings.—(1) The arbitral proceedings shall be terminated by the final
- Section 33The arbitrator holds a position in an arbitration institution with appointing authority over the
- Section 34The arbitrator is a manager, director or part of the management, or has a similar controlling
- Section 35Finality of arbitral awards.—Subject to this Part an arbitral award shall be final and binding on
- Section 36Enforcement
- Section 37Appealable orders.—(1) 2[Notwithstanding anything contained in any other law for the time
- Section 38Deposits.—(1) The arbitral tribunal may fix the amount of the deposit or supplementary deposit,
- Section 39Lien on arbitral award and deposits as to costs.—(1) Subject to the provisions of
- Section 40Arbitration agreement not to be discharged by death of party thereto.—(1) An arbitration
- Section 41Provisions in case of insolvency.—(1) Where it is provided by a term in a contract to which an
- Section 42Jurisdiction.—Notwithstanding anything contained elsewhere in this Part or in any other law for
- Section 43Limitations.—(1) The Limitation Act, 1963 (36 of 1963), shall apply to arbitrations as it applies
- Section 44Definition.—In this Chapter, unless the context otherwise requires, “foreign award” means an
- Section 45Power of judicial authority to refer parties to arbitration.—Notwithstanding anything
- Section 46When foreign award binding.—Any foreign award which would be enforceable under this Chapter
- Section 47Evidence.—(1) The party applying for the enforcement of a foreign award shall, at the time of the
- Section 48Conditions for enforcement of foreign awards.—(1) Enforcement of a foreign award may be
- Section 49Enforcement of foreign awards.—Where the Court is satisfied that the foreign award is
- Section 50Appealable orders.—(1) 1[Notwithstanding anything contained in any other law for the time
- Section 51Saving.—Nothing in this Chapter shall prejudice any rights which any person would have had of
- Section 52Chapter II not to apply.—Chapter II of this Part shall not apply in relation to foreign awards to
- Section 53Interpretation.—In this Chapter “foreign award” means an arbitral award on differences relating
- Section 54Power of judicial authority to refer parties to arbitration.—Notwithstanding anything
- Section 55Foreign awards when binding.—Any foreign award which would be enforceable under this
- Section 56Evidence.—(1) The party applying for the enforcement of a foreign award shall, at the time of
- Section 57Conditions for enforcement of foreign awards.—(1) In order that a foreign award may be
- Section 58Enforcement of foreign awards.—Where the Court is satisfied that the foreign award is
- Section 59Appealable orders.—(1) An appeal shall lie from the order refusing—
- Section 60Saving.—Nothing in this Chapter shall prejudice any rights which any person would have had of
- Section 61Application and scope.—(1) Save as otherwise provided by any law for the time being in force
- Section 62Commencement of conciliation proceedings.—(1) The party initiating conciliation shall send to
- Section 63Number of conciliators.—(1) There shall be one conciliator unless the parties agree that there
- Section 64Appointment of conciliators.—(1) Subject to sub-section (2)—
- Section 65Submission of statements to conciliator.—(1) The conciliator, upon his appointment, may
- Section 66Conciliator not bound by certain enactments.—The conciliator is not bound by the Code of
- Section 67Role of conciliator.—(1) The conciliator shall assist the parties in an independent and impartial
- Section 68Administrative assistance.—In order to facilitate the conduct of the conciliation proceedings, the
- Section 69Communication between conciliator and parties.—(1) The conciliator may invite the parties to
- Section 70Disclosure of information.—When the conciliator receives factual information concerning the
- Section 71Co-operation of parties with conciliator.—The parties shall in good faith co-operate with the
- Section 72Suggestions by parties for settlement of dispute.—Each party may, on his own initiative or at
- Section 73Settlement agreement.—(1) When it appears to the conciliator that there exist elements of a
- Section 74Status and effect of settlement agreement.—The settlement agreement shall have the same
- Section 75Confidentiality.—Notwithstanding anything contained in any other law for the time being in
- Section 76Termination of conciliation proceedings.—The conciliation proceedings shall be terminated—
- Section 77Resort to arbitral or judicial proceedings.—The parties shall not initiate, during the
- Section 78Costs.—(1) Upon termination of the conciliation proceedings, the conciliator shall fix the costs of
- Section 79Deposits.—(1) The conciliator may direct each party to deposit an equal amount as an advance
- Section 80Role of conciliator in other proceedings.—Unless otherwise agreed by the parties,—
- Section 81Admissibility of evidence in other proceedings.—The parties shall not rely on or introduce as
- Section 82Power of High Court to make rules.—The High Court may make rules consistent with this Act
- Section 83Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act,
- Section 84Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
- Section 85Repeal and savings.—(1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the
- Section 86Repeal and saving.—(1) The Arbitration and Conciliation (Third) Ordinance, 1996 (Ord.27 of
- Section 87Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015.
- Section 1996is hereby repealed.
- Section 2015—Unless the parties otherwise agree, the amendments made to this Act by the Arbitration and
- Section 2021, s. 4 (w.e.f. 4-11-2020).
- Section 11APower of Central Government to amend Fourth Schedule
- Section 29ATime limit for arbitral award
- Section 29BFast track procedure.—(1) Notwithstanding anything contained in this Act, the parties to an
- Section 31ARegime for costs
- Section 42BProtection of action taken in good faith.—No suit or other legal proceedings shall lie against
- Section 43ADefinitions. In this Part, unless the context otherwise requires,—
- Section 43BEstablishment and incorporation of Arbitration Council of India.—(1) The Central
- Section 43CComposition of Council.–– (1) The Council shall consist of the following Members, namely:––
- Section 43DDuties and functions of Council.––(1) It shall be the duty of the Council to take all such
- Section 43EVacancies, etc., not to invalidate proceedings of Council.—No act or proceeding of the
- Section 43FResignation of Members.—The Chairperson or the Full-time or Part-time Member may, by
- Section 43GRemoval of Member.––(1) The Central Government may, remove a Member from his office if
- Section 43HAppointment of experts and constitution of Committees thereof.––The Council may,
- Section 43KDepository of awards.––The Council shall maintain an electronic depository of arbitral awards
- Section 43LPower to make regulations by Council.––The Council may, in consultation with the Central
- Section 43MChief Executive Officer.––(1) There shall be a Chief Executive Officer of the Council, who
- Section 8BPower of the court, seized of matters under sections 34 or 37 of the Act, to refer the
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