Arbitration and Conciliation Act, 1996: Sections, Arbitration, Awards & Appeals

Overview and current legal position

The Arbitration and Conciliation Act, 1996 consolidates Indian law on domestic arbitration, international commercial arbitration, recognition and enforcement of certain foreign arbitral awards, and conciliation. The statute has been materially amended, including by the Arbitration and Conciliation (Amendment) Acts of 2015, 2019 and 2021.

Part IA on the Arbitration Council of India (Sections 43A to 43M) was inserted by the 2019 amendment and brought into force with effect from 12 October 2023. It is included below because it was missing from the earlier page.

Conciliation and the Mediation Act, 2023: the Mediation Act, 2023 contains a Sixth Schedule proposing substitution of Sections 61-81 of this Act. However, Section 61 of the Mediation Act (the provision that would make that amendment) has not been commenced under the notified commencement provisions. Accordingly, the existing Part III conciliation provisions remain listed here.

Arbitration agreementSections 7-9

Award and challengeSections 28-36

AppealsSections 37, 50 and 59

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.

The Act was brought into force on 22 August 1996 by notification G.S.R. 375(E).

Part I - Arbitration

Chapter I - General provisions

Chapter II - Arbitration agreement

Chapter III - Composition of arbitral tribunal

Chapter IV - Jurisdiction of arbitral tribunals

Chapter V - Conduct of arbitral proceedings

Chapter VI - Making of arbitral award and termination of proceedings

Chapter VII - Recourse against arbitral award

Section 34 Application for setting aside arbitral awards

Chapter VIII - Finality and enforcement of arbitral awards

Chapter IX - Appeals

Section 37 Appealable orders

Chapter X - Miscellaneous

Part IA - Arbitration Council of India

Sections 43A-43M

Section 43A Definitions
Section 43B Establishment and incorporation of Arbitration Council of India
Section 43C Composition of Council
Section 43D Duties and functions of Council
Section 43E Vacancies, etc., not to invalidate proceedings of Council
Section 43F Resignation of Members
Section 43G Removal of Member
Section 43H Appointment of experts and constitution of Committees thereof
Section 43-I General norms for grading of arbitral institutions
Section 43J Norms for accreditation of arbitrators
Section 43K Depository of awards
Section 43L Power to make regulations by Council
Section 43M Chief Executive Officer

Part II - Enforcement of Certain Foreign Awards

Chapter I - New York Convention Awards

Chapter II - Geneva Convention Awards

Part III - Conciliation

Sections 61-81

Part IV - Supplementary Provisions

Supplementary provisions

Important note on Section 87

Section 87 was inserted by the 2019 Amendment Act with retrospective effect from 23 October 2015. The Supreme Court in Hindustan Construction Company Limited v. Union of India (judgment dated 27 November 2019) struck down the insertion of Section 87, together with the deletion of Section 26 of the 2015 Amendment Act, as manifestly arbitrary. The section remains visible in some consolidated statutory presentations for historical/textual reference, but its constitutional status must be read with that judgment.