Vidhi Codex

The Jammu and Kashmir Arbitration Act, 2002

The Jammu and Kashmir Arbitration Act, 2002

Civil200249 sections7 chapters

The Jammu and Kashmir Arbitration Act, 2002, establishes the legal framework for resolving civil disputes outside the traditional court system through arbitration. It allows parties to enter into agreements to settle differences via an appointed arbitrator rather than a judge. The Act defines the appointment process for arbitrators, their specific powers, the requirements for making and filing awards, and the limited circumstances under which courts may intervene, modify, or set aside these awards. For the ordinary citizen, this Act provides a structured, legally binding alternative to lengthy litigation, ensuring that private dispute resolution remains enforceable and fair.

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Chapter I INTRODUCTORY →

  1. 1Short title and extent
  2. 2Definitions

Chapter II ARBITRATION WITHOUT THE INTERVENTION OF COURT →

  1. 3Provisions implied in arbitration agreement
  2. 4Agreement that arbitrators be appointed by third party
  3. 5Authority of appointed arbitrator or umpire irrevocable except by leave of Court
  4. 6Arbitration agreement not to be discharged by death of party thereto
  5. 7Provisions in case of insolvency
  6. 8Power of Court to appoint arbitrator or umpire
  7. 9Power to party to appoint new arbitrator or in certain cases, a sole arbitrator
  8. 10Provisions as to appointment of three or more arbitrators
  9. 11Power to Court to remove arbitrators or umpire in certain circumstances
  10. 12Power of Court where arbitrator is removed or his authority revoked
  11. 13Powers of arbitrator
  12. 14Award to be signed and filed
  13. 15Power of Court to modify award
  14. 16Power to remit award
  15. 17Judgment in terms of award
  16. 18Power of Court to pass interim orders
  17. 19Power to supersede arbitration where award becomes void or is set aside

Chapter III ARBITRATION WITH INTERVENTION OF A COURT WHERE THERE IS NO SUIT PENDING →

  1. 20Application to file in Court arbitration agreement

Chapter IV ARBITRATION IN SUITS →

  1. 21Parties to suit may apply for order of reference
  2. 22Appointment of arbitrator
  3. 23Order of reference
  4. 24Reference to arbitration by some of the parties
  5. 25Provisions applicable to arbitrations under this Chapter

Chapter V GENERAL →

  1. 26Application of Chapter
  2. 27Power of arbitrators to make an interim award
  3. 28Power to Court only to enlarge time for making award
  4. 29Interest on awards
  5. 30Grounds for setting aside award
  6. 31Jurisdiction
  7. 32Bar to suits contesting arbitration agreement or award
  8. 33Arbitration agreement or award to be contested by application
  9. 34Power to stay legal proceedings where there is an arbitration agreement
  10. 35Effect of legal proceedings on arbitration
  11. 36Power of Court, where arbitration agreement is ordered not to apply to a particular difference, to order that a provision making an award a condition precedent to an action shall not apply to such difference
  12. 37Limitations
  13. 38Disputes as to arbitrator's remuneration or costs

Chapter VI APPEALS →

  1. 39Appealable orders

Chapter VII MISCELLANEOUS →

  1. 40Small Cause Court not to have jurisdiction over arbitrations save arbitrations in suits before it
  2. 41Procedure and powers of Court
  3. 42Provided that nothing in clause (b) shall be taken to prejudice any power which may be vested in an arbitrator or umpire for making orders with respect to any of such matters.
  4. 43Power of Court to issue processes for appearance before arbitrator
  5. 44Power to High Court to make rules
  6. 45Government to be bound
  7. 46Application of Act to statutory arbitrations
  8. 47Act to apply to all arbitrations
  9. 48Saving for pending references
  10. 49Repeals and amendments

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