Originally from Arbitration in Asia, Second Edition

THE ARBITRATION AND CONCILIATION ACT, 1996 (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.

ARRANGEMENT OF SECTIONS

PREAMBLE

PRELIMINARY

SECTIONS
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
11A Power of Central Government to amend Fourth Schedule
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. [Omitted.]
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  VII  
Recourse against Arbitral Award

34 Application for setting aside arbitral awards

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
42A. Confidentiality of information
42B. Protection of action taken in good faith
43. Limitations
43J. Norms for accreditation of arbitrators

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
52 Chapter II not to apply

CHAPTER II  
Geneva Convention Awards

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 Savings

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 and saving
87. Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015.

THE FIRST SCHEDULE
THE SECOND SCHEDULE
THE THIRD SCHEDULE
THE FOURTH SCHEDULE
THE FIFTH SCHEDULE
THE SIXTH SCHEDULE
THE SEVENTH SCHEDULE
APPENDIX