Civil Law and Procedure
The Arbitration and Conciliation Act, 1996
Act 26 of 1996 · 106 sections
Practise questions on Arbitration and Conciliation Act, 1996
Title, date and preamble
[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:—
Contents
PRELIMINARY
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
- 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
- 29A.Time limit for arbitral award
- 29B.Fast track procedure
- 30.Settlement
- 31.Form and contents of arbitral award
- 31A.Regime for costs
- 32.Termination of proceedings
- 33.Correction and interpretation of award; additional award
CHAPTER X
Miscellaneous
PART IA ARBITRATION COUNCIL OF INDIA
- 43A.Definitions. In this Part, unless the context otherwise requires,
- 43B.Establishment and incorporation of Arbitration Council of India
- 43C.Composition of Council
- 43D.Duties and functions of Council
- 43E.Vacancies, etc., not to invalidate proceedings of Council
- 43F.Resignation of Members
- 43G.Removal of Member
- 43H.Appointment of experts and constitution of Committees thereof
- 43I.General norms for grading of arbitral institutions
- 43J.Norms for accreditation of arbitrators
- 43K.Depository of awards
- 43L.Power to make regulations by Council
- 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
- 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
Schedules and appendices
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