ACT No. 26 OF 1996
[16th August, 1996.]
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.
Preamble. - 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 has 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 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;
BE it enacted by Parliament in the Forty-seventh Year of the Republic of India as follows:-
PRELIMINARY
Section 1. 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:
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
PART I ARBITRATION
CHAPTER I General provisions
Section 3 Receipt of written communications
Section 4 Waiver of right to object
Section 5 Extent of judicial intervention
Section 6 Administrative assistance
CHAPTER II Arbitration agreement
Section 7 Arbitration agreement
Section 8 Power to refer parties to arbitration where there is an arbitration agreement
Section 9 Interim measures, etc., by Court
CHAPTER III Composition of arbitral tribunal
Section 10 Number of arbitrators
Section 11 Appointment of arbitrators
Section 11A Power of Central Government to amend Fourth Schedule
Section 12 Grounds for challenge
Section 13 Challenge procedure
Section 14 Failure or impossibility to act
Section 15 Termination of mandate and substitution of arbitrator
CHAPTER IV Jurisdiction of arbitral tribunals
Section 16 Competence of arbitral tribunal to rule on its jurisdiction
Section 17 Interim measures ordered by arbitral tribunal
CHAPTER V Conduct of arbitral proceedings
Section 18 Equal treatment of parties
Section 19 Determination of rules of procedure
Section 20 Place of arbitration
Section 21 Commencement of arbitral proceedings
Section 23 Statements of claim and defence
Section 24 Hearings and written proceedings
Section 26 Expert appointed by arbitral tribunal
Section 27 Court assistance in taking evidence
CHAPTER VI Making of arbitral award and termination of proceedings
Section 28 Rules applicable to substance of dispute
Section 29 Decision making by panel of arbitrators
Section 29A Time limit for arbitral award
Section 29B Fast track procedure
Section 31 Form and contents of arbitral award
Section 32 Termination of proceedings
Section 33 Correction and interpretation of award; additional award
CHAPTER VII Recourse against arbitral award
Section 34 Application for setting aside arbitral awards
CHAPTER VIII Finality and enforcement of arbitral awards
Section 35 Finality of arbitral awards
CHAPTER IX Appeals
CHAPTER X Miscellaneous
Section 39 Lien on arbitral award and deposits as to costs
Section 40 Arbitration agreement not to be discharged by death of party thereto
Section 41 Provisions in case of insolvency
Section 42A Confidentiality of information
Section 42B Protection of action taken in good faith
PART II ENFORCEMENT OF CERTAIN FOREIGN AWARDS
CHAPTER I New York Convention Awards
Section 45 Power of judicial authority to refer parties to arbitration
Section 46 When foreign award binding
Section 48 Conditions for enforcement of foreign awards
Section 49 Enforcement of foreign awards
Section 52 Chapter II not to apply
CHAPTER II Geneva Convention Awards
Section 54 Power of judicial authority to refer parties to arbitration
Section 55 Foreign awards when binding
Section 57 Conditions for enforcement of foreign awards
Section 58 Enforcement of foreign awards
PART III CONCILIATION
Section 61 Application and scope
Section 62 Commencement of conciliation proceedings
Section 63 Number of conciliators
Section 64 Appointment of conciliators
Section 65 Submission of statements to conciliator
Section 66 Conciliator not bound by certain enactments
Section 67 Role of conciliator
Section 68 Administrative assistance
Section 69 Communication between conciliator and parties
Section 70 Disclosure of information
Section 71 Co-operation of parties with conciliator
Section 72 Suggestions by parties for settlement of dispute
Section 73 Settlement agreement
Section 74 Status and effect of settlement agreement
Section 76 Termination of conciliation proceedings
Section 77 Resort to arbitral or judicial proceedings
Section 80 Role of conciliator in other proceedings
Section 81 Admissibility of evidence in other proceedings
PART IV SUPPLEMENTARY PROVISIONS
Section 82 Power of High Court to make rules
Section 83 Removal of difficulties
Section 84 Power to make rules
Section 85-86 Repeal and savings
Section 87 Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015