The Schedule is headed "(See section 44)". Article I sets the scope; Article II requires recognition of an agreement in writing and a reference to arbitration; Article III requires awards to be recognised as binding; Article IV lists the documents to supply; Article V lists the only grounds on...
Read Complete Guide →An appeal lies only from the orders the section lists. From a court: an order refusing to refer the parties to arbitration under section 8, an order granting or refusing a measure under section 9, and an order setting aside or refusing to set aside an award under section 34. From the tribunal: an...
Under section 38, the tribunal may fix a deposit (and a supplementary deposit) as an advance for costs, payable in equal shares. If one side does not pay, the other may pay that share; if neither does, the tribunal may suspend or terminate the proceedings in respect of that claim or counter-claim...
Under section 40, an arbitration agreement is not discharged by the death of any party, as regards the deceased or any other party, and can be enforced by or against the legal representative. The mandate of an arbitrator is not ended by the death of the party who appointed him. Under section 41, an...
Section 42 begins with "notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force". Where any application under this Part has been made in a Court with respect to an arbitration agreement, that Court alone has jurisdiction over the arbitral...
Under section 42A, the arbitrator, the arbitral institution and the parties shall maintain confidentiality of all arbitral proceedings, except the award where its disclosure is necessary for implementation and enforcement of the award. Under section 42B, no suit or other legal proceedings lie...
Under section 43(1), the Limitation Act, 1963 applies to arbitrations as it applies to proceedings in court. Under sub-section (2), an arbitration is deemed to have commenced on the date referred to in section 21. Under sub-section (3), the Court may extend a time fixed by the agreement for taking...
Part IA is shown as inserted by Act 33 of 2019, section 10, with effect from 12-10-2023. Section 43A defines "Chairperson", "Council" and "Member". Section 43B says the Central Government shall establish, by notification in the Official Gazette, a Council to be known as the Arbitration Council of...
The Council consists of seven classes of Members in section 43C(1)(a) to (g). Members other than ex officio Members hold office for three years from the date they enter upon office, and no Chairperson or Member (other than ex officio) holds office after attaining seventy years (Chairperson) or...
Under sub-section (1), the Council has a duty to take all measures needed to promote and encourage arbitration, mediation, conciliation or other alternative dispute resolution mechanism, and to frame policy and guidelines for uniform professional standards in all matters relating to arbitration...
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