“ITR Filing” in Arbitration
Enforcing a Foreign Arbitral Award in India — Sections 44 to 49
How a foreign arbitral award is enforced in India under Part II of the Arbitration and Conciliation Act 1996 — the reciprocal territory requirement, the evidence to file, and the narrow grounds on which enforcement can be refused.
Section 11 of the Arbitration and Conciliation Act, 1996: Appointment of Arbitrators
The parties may agree their own appointment procedure (section 11(2)). Without one, a tribunal of three is formed by each party appointing one arbitrator and the two choosing the presiding arbitrator (section 11(3)). If a party does not appoint within thirty days of a request, or the two...
2015 and 2019 Amendments to the Arbitration and Conciliation Act, 1996: Key Changes as the Official Text Shows Them
The footnotes cite three amending Acts. Act 3 of 2016 (the Arbitration and Conciliation (Amendment) Act, 2015) is shown with effect from 23-10-2015 throughout. Act 33 of 2019 (the 2019 Amendment Act) is shown with effect from 30-8-2019, except Part IA, which is shown as inserted with effect from...
Introduction to the Arbitration and Conciliation Act, 1996: Parts, Chapters and Schedules
The Act has Part I (arbitration, sections 2 to 43), Part IA (Arbitration Council of India, sections 43A to 43M), Part II (enforcement of certain foreign awards, sections 44 to 60), Part III (conciliation, sections 61 to 81) and Part IV (supplementary provisions, sections 82 to 87), followed by the...
Arbitral Award: Making and Enforcement Under Sections 28 to 36 of the Arbitration and Conciliation Act, 1996
In an arbitration other than an international commercial arbitration the award shall be made within twelve months from the completion of pleadings under section 23(4) (section 29A(1)). The award must be in writing, signed, reasoned unless agreed otherwise, dated, and a signed copy delivered to each...
Arbitration vs Litigation vs Mediation -- Comparison
Guide to arbitration vs litigation under General. Compliance, penalties, latest amendments. March 2026.
Arbitration Petition Filing: Section 9, 11 and 34 Applications, What the Act Requires and Drafting Pointers
Section 9 goes to the "Court" as section 2(1)(e) defines it, before or during the arbitration or after the award but before enforcement. Section 11 goes to the Supreme Court or the High Court, or their designate, after the thirty-day steps have failed. Section 34 goes to the Court within three...
The Mediation Act 2023 for Commercial and Trade Disputes
What the Mediation Act 2023 introduced — pre-litigation mediation, enforceability of a mediated settlement agreement as a decree, timelines, online and community mediation — and how it applies to cross-border trade disputes.
Quality Complaints and Trade Disputes — DGFT's Resolution Mechanism
How DGFT's Committee on Quality Complaints and Trade Disputes works, who can complain against whom, what action DGFT can take, and how it fits alongside contractual arbitration and ECGC claims.
Section 7 of the Arbitration and Conciliation Act, 1996: The Arbitration Agreement
An arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes, present or future, in respect of a defined legal relationship, whether contractual or not (section 7(1)). It may be a clause in a contract or a separate agreement (section 7(2)). It shall be in...
Section 34 of the Arbitration and Conciliation Act, 1996: Challenge to an Arbitral Award
An award may be set aside only on the grounds in section 34(2) and, for arbitrations other than international commercial arbitrations, section 34(2A). The application may not be made after three months from the date the applicant received the award; the Court may allow a further thirty days on...
International Commercial Arbitration and Part II of the Arbitration and Conciliation Act, 1996: Foreign Awards (Sections 44 to 60)
"International commercial arbitration" is defined in section 2(1)(f), in Part I. If such an arbitration has its place in India, Part I applies and the award is a domestic award (section 2(2), (7)). Part II deals with foreign awards as it defines them: Chapter I for New York Convention awards...
Arbitration Clause Draft -- For Commercial Contracts
Guide to arbitration clause under Arbitration and Conciliation Act, 1996. Compliance, penalties, latest amendments. March 2026.
Section 43 of the Arbitration and Conciliation Act, 1996: the Limitation Act applies to arbitrations
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...
Section 22 of the Mediation Act, 2023: confidentiality of mediation
The mediator, the provider, the parties and the participants must keep confidential admissions, proposals, willingness to accept proposals, documents prepared solely for the mediation and any other mediation communication. No audio or video recording may be made or maintained, in person or online...
Sections 42A–42B of the Arbitration and Conciliation Act, 1996: confidentiality of information and protection of action in good faith
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...
Section 43D of the Arbitration and Conciliation Act, 1996: duties and functions of the Arbitration Council of India
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...
Conciliation Under the Arbitration and Conciliation Act, 1996: Sections 61 to 81 (Part III)
Conciliation starts with a written invitation and commences only when the other party accepts in writing (section 62). The conciliator assists the parties in an independent and impartial manner and may propose terms (section 67). When the parties sign the settlement agreement it is final and...
Sections 43-I, 43J and 43K of the Arbitration and Conciliation Act, 1996: grading of arbitral institutions, accreditation of arbitrators and depository of awards
Section 43-I: the Council shall make grading of arbitral institutions on criteria of infrastructure, quality and calibre of arbitrators, and performance and compliance of time limits for disposal of domestic or international commercial arbitrations, in such manner as the regulations specify...
Sections 38–39 of the Arbitration and Conciliation Act, 1996: deposits and lien on the arbitral award for costs
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...
Sections 40–41 of the Arbitration and Conciliation Act, 1996: arbitration agreement on the death of a party and insolvency
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...
Sections 43A–43B of the Arbitration and Conciliation Act, 1996: Arbitration Council of India, definitions and establishment
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...
Section 43C of the Arbitration and Conciliation Act, 1996: composition of the Arbitration Council of India
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...
Section 36 of the Arbitration and Conciliation Act, 1996: enforcement of the arbitral award and stay
Where the time for an application under section 34 has expired, the award is enforced under the Code of Civil Procedure, 1908 as if it were a decree of the court. Under sub-section (2), filing a section 34 application does not by itself render the award unenforceable; there must be an order of stay...