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The Arbitration and Conciliation Act, 1996

Central

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.

Act number
26 of 1996
Ministry
Ministry of Law and Justice
Department
Department of Legal Affairs
Enacted
16 Aug 1996

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

106 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Receipt of written communications.
  4. Section 4Waiver of right to object.
  5. Section 5Extent of judicial intervention.
  6. Section 6Administrative assistance.
  7. Section 7Arbitration agreement.
  8. Section 8Power to refer parties to arbitration where there is an arbitration agreement.
  9. Section 9Interim measures, etc., by Court.
  10. Section 10Number of arbitrators.
  11. Section 11Appointment of arbitrators.
  12. Section 11APower of Central Government to amend Fourth Schedule.
  13. Section 12Grounds for challenge.
  14. Section 13Challenge procedure.
  15. Section 14Failure or impossibility to act.
  16. Section 15Termination of mandate and substitution of arbitrator.
  17. Section 16Competence of arbitral tribunal to rule on its jurisdiction.
  18. Section 17Interim measures ordered by arbitral tribunal.
  19. Section 18Equal treatment of parties.
  20. Section 19Determination of rules of procedure.
  21. Section 20Place of arbitration.
  22. Section 21Commencement of arbitral proceedings.
  23. Section 22Language.
  24. Section 23Statements of claim and defence.
  25. Section 24Hearings and written proceedings.
  26. Section 25Default of a party.
  27. Section 26Expert appointed by arbitral tribunal.
  28. Section 27Court assistance in taking evidence.
  29. Section 28Rules applicable to substance of dispute.
  30. Section 29Decision making by panel of arbitrators.
  31. Section 29ATime limit for arbitral award.
  32. Section 29BFast track procedure.
  33. Section 30Settlement.
  34. Section 31Form and contents of arbitral award.
  35. Section 31ARegime for costs.
  36. Section 32Termination of proceedings.
  37. Section 33Correction and interpretation of award; additional award.
  38. Section 34Application for setting aside arbitral awards.
  39. Section 35Finality of arbitral awards.
  40. Section 36Enforcement.
  41. Section 37Appealable orders.
  42. Section 38Deposits.
  43. Section 39Lien on arbitral award and deposits as to costs.
  44. Section 40Arbitration agreement not to be discharged by death of party thereto.
  45. Section 41Provisions in case of insolvency.
  46. Section 42Jurisdiction.
  47. Section 42AConfidentiality of information.
  48. Section 42BProtection of action taken in good faith.
  49. Section 43Limitations.
  50. Section 43ADefinitions.
  51. Section 43BEstablishment and incorporation of Arbitration Council of India.
  52. Section 43CComposition of Council.
  53. Section 43DDuties and functions of Council.
  54. Section 43EVacancies, etc., not to invalidate proceedings of Council.
  55. Section 43FResignation of Members.
  56. Section 43GRemoval of Member.
  57. Section 43HAppointment of experts and constitution of Committees thereof.57
  58. Section 43-IGeneral norms for grading of arbitral institutions.
  59. Section 43JNorms for accreditation of arbitrators.
  60. Section 43KDepository of awards.
  61. Section 43LPower to make regulations by Council.
  62. Section 43MChief Executive Officer.
  63. Section 44Definition.
  64. Section 45Power of judicial authority to refer parties to arbitration.
  65. Section 46When foreign award binding.
  66. Section 47Evidence.
  67. Section 48Conditions for enforcement of foreign awards.
  68. Section 49Enforcement of foreign awards.
  69. Section 50Appealable orders.
  70. Section 51Saving.
  71. Section 52Chapter II not to apply.
  72. Section 53Interpretation.
  73. Section 54Power of judicial authority to refer parties to arbitration.
  74. Section 55Foreign awards when binding.
  75. Section 56Evidence.
  76. Section 57Conditions for enforcement of foreign awards.
  77. Section 58Enforcement of foreign awards.
  78. Section 59Appealable orders.
  79. Section 60Savings.
  80. Section 61Application and scope.
  81. Section 62Commencement of conciliation proceedings.
  82. Section 63Number of conciliators.
  83. Section 64Appointment of conciliators.
  84. Section 65Submission of statements to conciliator.
  85. Section 66Conciliator not bound by certain enactments.
  86. Section 67Role of conciliator.
  87. Section 68Administrative assistance.
  88. Section 69Communication between conciliator and parties.
  89. Section 70Disclosure of information.
  90. Section 71Co-operation of parties with conciliator.
  91. Section 72Suggestions by parties for settlement of dispute.
  92. Section 73Settlement agreement.
  93. Section 74Status and effect of settlement agreement.
  94. Section 75Confidentiality.
  95. Section 76Termination of conciliation proceedings.
  96. Section 77Resort to arbitral or judicial proceedings.
  97. Section 78Costs.
  98. Section 79Deposits.
  99. Section 80Role of conciliator in other proceedings.
  100. Section 81Admissibility of evidence in other proceedings.
  101. Section 82Power of High Court to make rules.
  102. Section 83Removal of difficulties.
  103. Section 84Power to make rules.
  104. Section 85Repeal and savings.
  105. Section 86Repeal and saving.
  106. Section 87Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015.