THE ARBITRATION AND CONCILIATION ACT, 1996. 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;
ANDWHEREAS 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;
ANDWHEREAS the UNCITRAL has adopted the UNCITRAL Conciliation Rules in 1980;
ANDWHEREAS 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;
ANDWHEREAS 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;
ANDWHEREAS 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:—
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| Sections | Particulars |
| Preamble | |
| 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 arbitral tribunal |
| 10 | Number of arbitrators |
| 11 | Appointment of arbitrators |
| 12 | Grounds for challenge |
| 13 | Challenge procedure |
| 14 | Failure or impossibility to act |
| 15 | Termination of mandate and substitution of arbitrator |
| Chapter IV | Jurisdiction of arbitral tribunals |
| 16 | Competence of arbitral tribunal to rule on its jurisdiction |
| 17 | Interim measures ordered by 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 defence |
| 24 | Hearings and written proceedings |
| 25 | Default of a party |
| 26 | Expert appointed by arbitral tribunal |
| 27 | Court assistance in taking evidence |
| Chapter VI | Making of arbitral award and termination of proceedings |
| 28 | Rules applicable to substance of dispute |
| 29 | Decision making by panel of arbitrators |
| 30 | Settlement |
| 31 | Form and contents of arbitral award |
| 32 | Termination of proceedings |
| 33 | Correction and interpretation of award; additional award |
| Chapter VII | Recourse against arbitral award |
| 34 | Application for setting aside arbitral award |
| 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 |
| 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 |
| Chapter II | Not to apply |
| 52 | Not to apply |
| 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 | Saving |
| 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 of Ordinance 27 of 1996 and saving |
| Schedules | The Schedules |
| The First Schedule | |
| The Second Schedule | |
| The Third Schedule |