Arbitration And Conciliation Act, 1996

Section 43C – Arbitration And Conciliation Act, 1996

Composition of Council (1) The Council shall consist of the following Members, namely:– (a)   a person, who has been, a Judge of the Supreme Court or, Chief Justice of a High Court or, a Judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of […]

Section 43B – Arbitration And Conciliation Act, 1996

Establishment and incorporation of Arbitration Council of India (1) The Central Government shall, by notification in the Official Gazette, establish, for the purposes of this Act, a Council to be known as the Arbitration Council of India to perform the duties and discharge the functions under this Act. (2) The Council shall be a body

Section 43A – Arbitration And Conciliation Act, 1996

Definitions In this Part, unless the context otherwise requires,— (a)   “Chairperson” means the Chairperson of the Arbitration Council of India appointed under clause (a) of sub-section (1) of section 43C; (b)   “Council” means the Arbitration Council of India established under section 43B; (c)   “Member” means a Member of the Council and includes

Section 43 – Arbitration And Conciliation Act, 1996

Limitations (1) The Limitation Act, 1963 (36 of 1963), shall apply to arbitrations as it applies to proceedings in court. (2) For the purposes of this section and the Limitation Act, 1963 (36 of 1963), an arbitration shall be deemed to have commenced on the date referred in section 21. (3) Where an arbitration agreement

Section 42 – Arbitration And Conciliation Act, 1996

Jurisdiction Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force, where with respect to an arbitration agreement any application under this Part has been made in a Court, that Court alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of that

Section 41 – Arbitration And Conciliation Act, 1996

Provisions in case of insolvency (1) Where it is provided by a term in a contract to which an insolvent is a party that any dispute arising thereout or in connection therewith shall be submitted to arbitration, the said term shall, if the receiver adopts the contract, be enforceable by or against him so far

Section 40 – Arbitration And Conciliation Act, 1996

Arbitration agreement not to be discharged by death of party thereto (1) An arbitration agreement shall not be discharged by the death of any party thereto either as respects the deceased or as respects any other party, but shall in such event be enforceable by or against the legal representative of the deceased. (2) The

Section 39 – Arbitration And Conciliation Act, 1996

Lien on arbitral award and deposits as to costs (1) Subject to the provisions of sub-section (2) and to any provision to the contrary in the arbitration agreement, the arbitral tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitration. (2) If in any case an arbitral tribunal refuses

Section 38 – Arbitration And Conciliation Act, 1996

Deposits (1) The arbitral tribunal may fix the amount of the deposit or supplementary deposit, as the case may be, as an advance for the costs referred to in sub-section (8) of section 31, which it expects will be incurred in respect of the claim submitted to it : Provided that where, apart from the claim,

Section 37 – Arbitration And Conciliation Act, 1996

Appealable orders (1) [Notwithstanding anything contained in any other law for the time being in force, an appeal] shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely :— [(a)   refusing to refer the parties to arbitration