Arbitration And Conciliation Act, 1996

Power of judicial authority to refer parties to arbitration Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, on being seized of a dispute regarding a contract made between persons to whom section 53 applies and including and arbitration agreement, whether referring to present […]

Interpretation In this Chapter “foreign award” means an arbitral award on differences relating to matters considered as commercial under the law in force in India made after the 28th day of July, 1924,— (a)   in pursuance of an agreement for arbitration to which the Protocol set forth in the Second Schedule applies, and (b)

Chapter II not to apply Chapter II of this Part shall not apply in relation to foreign awards to which this Chapter applies.

Saving Nothing in this Chapter shall prejudice any rights which any person would have had of enforcing in India of any award or of availing himself in India of any award if this Chapter had not been enacted.

Appealable orders (1) [Notwithstanding anything contained in any other law for the time being in force, an appeal] shall lie from the order refusing to— (a)   refer the parties to arbitration under section 45; (b)   enforce a foreign award under section 48, to the Court authorised by law to hear appeals from such order. (2)

Enforcement of foreign awards Where the Court is satisfied that the foreign award is enforceable under this Chapter, the award shall be deemed to be a decree of that Court.

Condition for enforcement of foreign awards (1) Enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the Court proof that— (a)   the parties to the agreement referred to in section 44 were, under the law applicable to them,

Evidence (1) The party applying for the enforcement of a foreign award shall, at the time of the application, produce before the Court— (a)   the original award or a copy thereof, duly authenticated in the manner required by the law of the country in which it was made; (b)   the original agreement for

When foreign award binding Any foreign award which would be enforceable under this Chapter shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in

Power of judicial authority to refer parties to arbitration Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the