Arbitration And Conciliation Act, 1996

Determination of rules of procedure (1) The arbitral tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872). (2) Subject to this Part, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting […]

Equal treatment of parties The parties shall be treated with equality and each party shall be given a full opportunity to present his case.

Interim measures ordered by arbitral tribunal (1) A party may, during the arbitral proceedings [***], apply to the arbitral tribunal— (i)   for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or (ii)   for an interim measure of protection in respect of any of

Competence of arbitral tribunal to rule on its jurisdiction (1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,— (a)   an arbitration clause which forms part of a contract shall be treated as an

Termination of mandate and substitution of arbitrator (1) In addition to the circumstances referred to in section 13 or section 14, the mandate of an arbitrator shall terminate— (a)   where he withdraws from office for any reason; or (b)   by or pursuant to agreement of the parties. (2) Where the mandate of an

Failure or impossibility to act (1) The mandate of an arbitrator shall terminate [and he shall be substituted by another arbitrator,] if— (a)   he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay; and (b)   he withdraws from his office or the parties agree to the termination

Challenge procedure (1) Subject to sub-section (4), the parties are free to agree on a procedure for challenging an arbitrator. (2) Failing any agreement referred to in sub-section (1), a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware

Grounds for challenge (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances,— (a)   such as the existence either direct or indirect, of any past or present relationship with or interest in any of the parties or in relation to the subject

Power of Central Government to amend Fourth Schedule (1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, amend the Fourth Schedule and thereupon the Fourth Schedule shall be deemed to have been amended accordingly. (2) A copy of every notification

Appointment of arbitrators (1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators. (3) Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each