Section 60 of the Arbitration and Conciliation Act, 1996 - Savings

Section 60 is the saving provision in Part II, Chapter II of the Arbitration and Conciliation Act, 1996, which deals with Geneva Convention Awards. It protects rights that would otherwise have existed to enforce, or rely upon, an award in India even if that Chapter had not been enacted.

Text of Section 60 - Savings

Nothing in this Chapter shall prejudice any rights which any person would have had of enforcing in India of any award or of availing himself in India of any award if this Chapter had not been enacted.

Meaning and effect of Section 60

Section 60 is a saving clause. In simple terms, Chapter II does not take away an independent right that a person would otherwise have had in India to enforce an award or to rely on an award if Chapter II had not existed.

The provision therefore operates as a protective clause. It should be read in the setting of Part II, Chapter II, which contains the statutory framework for certain foreign awards commonly described as Geneva Convention Awards.

Where Section 60 fits in the Act

Part II of the Arbitration and Conciliation Act, 1996 concerns enforcement of certain foreign awards. Chapter I deals with New York Convention Awards, while Chapter II deals with Geneva Convention Awards. Section 60 is the final section of Chapter II, following Section 59 on appealable orders.

  • Section 53 contains the interpretation provision for Chapter II.
  • Sections 54 to 58 deal with reference to arbitration, binding effect, evidence, conditions for enforcement and enforcement of foreign awards.
  • Section 59 specifies appealable orders under the Chapter.
  • Section 60 preserves rights that would otherwise exist independently of the Chapter.

Practical significance of the savings clause

The wording of Section 60 prevents Chapter II from being interpreted as extinguishing a pre-existing or otherwise available right merely because the Chapter provides a statutory route concerning Geneva Convention awards. Whether an independent right is actually available in a particular dispute will depend on the applicable law, the nature of the award and the facts of the case.

Arbitration and Conciliation Act, 1996
Overview and related provisions Section 51
Saving Section 52
Chapter II not to apply 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

Legal note: This page provides the statutory text and general explanatory information. For a current matter, the Act should be read with applicable amendments, notifications and binding judicial decisions.